HomeMy WebLinkAboutOrdinance 97- 1450, Repeals and replaces Title 16, subdivisions
-------
ORDINANCE NO. 1450
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY
REPEALING TITLE 16 OF THE BOZEMAN MUNICIPAL CODE AND BY ADDING A
NEW TITLE TO BE NUMBERED TITLE 16, PROVIDING FOR NEW SUBDIVISION
REGULATIONS.
. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that
Section 1
Title 16 of the Bozeman Municipal Code is hereby repealed and declared null and void and
of no effect.
Section 2
The Bozeman Municipal Code be amended by adding a new title, to be numbered Title 16,
to read as follows:
"TITLE 16
SUBDIVISIONS
CHAPTER 16.02
GENERAL PROVISIONS
16.02.010 Title.
. These regulations shall be known as the "Bozeman Area Subdivision Regulations."
1 6.02.020 Authority.
Authorization for the adoption of these subdivision regulations is contained in the Montana
Subdivision and Platting Act (Title 76, Chapter 3, M.C.A).
16.02.030 Jurisdiction.
These regulations govern the division of land within the Bozeman city limits and the planning
jurisdiction of the Bozeman City-County Planning Board.
16.02.040 Purpose.
It is the purpose of these subdivision regulations to promote the public health, safety and
general welfare by regulating the subdivision of land; to prevent the overcrowding of land; to lessen
congestion in the streets and highways; to provide adequate light, air, water supply, sewage
. disposal. parks and recreation areas. ingress and egress. and other public improvements; to require
development in harmony with the natural environment; to protect the rights of property owners;
and to require uniform monumentation of land subdivisions and transferring interests in real property
by reference to a plat or certificate of survey (Section 76-3-102, M.C.A),
Further, to support the purposes of Section 76-3-102, M. C.A, these regulations are intended
to promote and to provide for the:
-..--- .. .----
A. Orderly development of the City of Bozeman and the jurisdictional area of the
Bozeman City-County Planning Board.
B. Coordination of streets and roads within subdivided land with other streets and
roads, both existing and planned.
C. Dedication of land for streets and roadways and for public utility easements.
. D. Improvement of streets and roads.
E. Adequate open spaces for travel, light, air and recreation.
F. Adequate transportation, water, drainage, and sanitary facilities.
G. Avoidance or minimization of congestion.
H. Avoidance of unnecessary environmental degradation.
I. Encouragement of subdivision development in harmony with the natural environment.
J. Avoidance of danger or injury to health, safety, or welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other public
services.
K. Avoidance of excessive expenditure of public funds for the supply of public services.
L. Manner and form of making and filing of plats for subdivided lands.
M. Administration of these regulations, by defining the powers and duties of approving
.
authorities, including procedures for the review and approval of all subdivision plats.
16.02.050 Severability Clause.
Where any word, phrase, clause, sentence, paragraph, or section, or other part of these
regulations is held invalid by a court of competent jurisdiction, such judgment shall affect only that
part held invalid. Insofar as these regulations are more restrictive than any other local law , these
regulations shall be controlling, and if any other law is more restrictive, it shall take precedence over
these regulations.
16.02.060 Conditions.
Regulation of the subdivision of land and the attachment of reasonable conditions to land
subdivided is an exercise of valid police power delegated by the State of Montana to the City of
Bozeman and to Gallatin County. Subdividers have the duty of complying with reasonable
. conditions for design, dedication, improvement, and restrictive use of the land so as to conform to
the physical and economic development of the City of Bozeman and Gallatin County and to the
safety and general welfare of the future subdivision lot owners and of the community at large.
- 2 -
-.
=
CHAPTER 16.04
DEFINITIONS
16.04.010 General.
Whenever the following words or phrases appear in this text, they shall have the meaning
assigned to them by this Section. When not inconsistent with the context, words used in the
present tense shall include the future; the singular shall include the plural, and the plural the
. singular; the word "shall" is always mandatory, and the word "may" indicates use of discretion in
making decisions.
16.04.020 Agricultural water user facility.
"Agricultural water user facility" means any part of an irrigation system used to produce an
agricultural product on property used for agricultural purposes as defined in Section , 5-7-202,
M.C.A.
16.04.030 Aliquot part.
"Aliquot part" means an equal division of a government section in quarters as described by
the Manual for the Survey of The Public Lands of the United States.
16.04.040 Appropriate governing body.
The "appropriating governing body" is the City Commission of the City of Bozeman when
. the subdivided land lies within the Corporate Limits, and the Board of County Commissioners for
Gallatin County when the land lies outside of the Corporate Limits of the City of Bozeman.
16.04.050 Block.
A "block" is a group of lots, tracts or parcels within well defined and fixed boundaries.
16.04.060 Certificate of survey.
A "certificate of survey" is a drawing of a field survey prepared by a registered land surveyor
for the purpose of disclosing facts pertaining to boundary location.
16.04.070 Comprehensive plan or master plan.
A "comprehensive plan or master plan" is a long range plan intended to guide growth and
development of a community or region and includes analysis, recommendations and proposals for
the community's population, economy, housing, transportation, community facilities, and land use.
. Defined in Section 76-'-' 03, M.C.A. as a comprehensive development plan or any of its parts such
as a plan of land use and zoning, of thoroughfares, of sanitation, of recreation, and of other related
matters. The plan may include those items described in Section 76-'-60', M.C.A.
16.04.080 Condominium.
A "condominium" is a form of individual ownership with unrestricted right of disposal of one
or more units in a multiple unit project with the land and all other parts of the project held in
common ownership or use with owners of the other units.
- 3 -
-.
......-..-
16.04.090 Contiguous tract.
For the purpose of these regulations, a "contiguous tract" is a parcel of land next to,
abutting, adjacent to, adjoining or touching another individual parcel of land, including tracts which
are separated by public right-of-way.
16.04.100 Covenant.
. A "covenant" is an agreement, or restriction, in writing, of two or more parties by which any
of the parties pledges to the others that something is done or shall be done.
16.04.110 Date of submission.
The "date of submission" is the date at which the plat and all required supplementary
information is received and certified as complete by the Planning Department.
16.04.120 Dedication.
"Dedication" means the deliberate appropriation of land by an owner for any general and
public use, reserving no rights which are incompatible with the full exercise and enjoyment of the
public use to which the property has been devoted.
16.04.130 Division of land.
"Division of land" is the segregation of one or more parcels of land from a larger tract held
. in single or undivided ownership by transferring, or contracting to transfer, title to or possession
of a portion of the tract, or properly filing a certificate of surveyor subdivision plat establishing the
identity of the segregated parcels pursuant to these subdivision regulations and the Montana
Subdivision and Platting Act. Provided that where required by these regulations and the Act the
land upon which an improvement is situated has been subdivided in compliance with the regulations
and the Act, the sale, rent, lease, or other conveyance of one or more parts of a building, structure,
or other improvement situated on one or more parcels of land is not a division of land and is not
subject to the terms of these regulations and the Act.
16.04.140 Dwelling unit.
A "dwelling unit" is any building or portion thereof providing complete, independent and
permanent living facilities for one family.
16.04.150 Easement.
. An "easement" is a grant by a property owner to a specific person, or persons, other than
the owner, or to the public for a right to use land for a specific purpose or purposes.
16.04.160 Engineer (Registered Professional Engineer).
An "engineer (Registered Professional Engineer)" is a person licensed in conformance with
the Montana Professional Engineers Registration Act (Sections 37-67.101 through 37-67-332,
M.C.A.) to practice engineering in the State of Montana.
- 4 -
--. -.... .-
.-..----
16.04.170 Health authorities.
"Health authorities" means the State Department of Environmental Quality, local health
officer, local sanitarian, or other authorized representative.
16.04.180 Irregularly shaped tract of land.
An "irregularly shaped tract of land" is a parcel of land other than an aliquot part of the
. United States Government survey section or a United States Government lot, the boundaries or
areas of which cannot be determined without a surveyor trigonometric calculation.
16.04.190 Jurisdictional wetland.
"Jurisdictional wetland" means an areas saturated by surface or groundwater at a frequency
or duration sufficient to support vegetation adapted for life in saturated soil conditions.
16.04.200 Limited access.
"Limited access" means a way or means of allowing physical entrance to land at controlled
locations or points. A "no access" strip or line may be placed on a plat as a means of limiting
access.
16.04.210 Limited access roadway.
"Limited access roadway" means a street or road especially designed for through traffic,
. over which abutting land owners have no right to direct access.
16.04.220 Lot.
A "lot" is a parcel, plot or other land area created by subdivision for sale, lease, or rent.
16.04.230 Lot measurements.
A. Lot Decth. The average distance from the front lot line to the rear lot line.
B. Lot Width. The average distance between side lot lines.
C. Lot Frontaae. The width of the front lot line.
D. Lot Area. The area of a lot determined exclusive of highway, alley, street, road, or
other right-of-way.
16.04.240 Lot types.
A. Corner Lot. A lot located at the intersection of two streets or roads.
B. Interior Lot. A lot with frontage on only one street or road.
. C. Double Frontaae Lot. A lot whose front and rear lines both abut on a street or road.
Manufactured home.
16.04.250
A "manufactured home" is a factory-built, single-family structure that is manufactured under
the authority of 42 United States Code Sec. 5401 and is to be used as a place for human
habitation, but which is not constructed or equipped with a permanent hitch or other device
allowing it to be moved other than for the purpose of moving to a permanent site, and which does
- 5 -
_....__.---_._-~- -- . -----. .------.---.-
not have permanently attached to its body or frame any wheels or axles. A mobile home is not a
manufactured home.
16.04.260 Manufactured or mobile home lot or space.
A "manufactured or mobile home lot or space" is a designated portion of a manufactured
or mobile home park designated for the accommodation of one manufactured or mobile home and
. its accessory buildings or structures for the exclusive use of the occupants.
16.04.270 Manufactured or mobile home park.
A "manufactured or mobile home park" is a tract of land under single ownership providing
two or more lots for lease or rent to the general public for the placement of manufactured or mobile
homes.
16.04.280 Manufactured or mobile home stand.
A "manufactured or mobile home stand" is that area of a manufactured or mobile home lot
which has been prepared for the placement of a manufactured or mobile home.
16.04.290 Manufactured or mobile home subdivision.
A "manufactured or mobile home subdivision" is a subdivision designed and/or intended for
the sale of lots for siting manufactured or mobile homes.
. 16.04.300 Minor subdivision.
A "minor subdivision" is a subdivision containing five (5) or fewer parcels where proper
access to all lots is provided and where no land in the subdivision will be dedicated to public use
for parks or playgrounds.
16.04.310 Mobile home.
A "mobile home" is a transportable, factory-built home, designed to be used as a yeaHound
residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction
and Safety Standards Act of 1974, which became effective June 15, 1976.
16.04.320 Monument (Permanent Monument).
Any "monument (permanent monument)" is a structure of masonry, metal or other
permanent material placed in the ground which is exclusively identifiable as a monument to a
survey point, expressly placed for surveying reference.
. 16.04.330 Open space.
"Open space" is a land or water area devoid of buildings and other physical structures except
where accessory to the provision of recreation.
16.04.340 Planned unit development (PUD).
A "planned unit development" is a land development project consisting of residential
clusters, industrial parks, shopping centers. office buildings, parks. or any combination thereof
- 6 -
- ------ ...--..-.. .---...-.. .-.-..--.-.-----
which comprises a planned mixture of land uses built in a pre-arranged relationship to each other
and having open space and community facilities in a common ownership or use.
16.04.350 Planning Board.
"Planning Board" means the Bozeman City-County Planning Board.
16.04.360 Plat.
. A "plat" is a graphic representation of a subdivision showing the division of land into lots,
parcels, blocks, roads, and alleys, and other divisions and dedications.
16.04.370 Proper access.
"Proper access" means either an improved public street or road, maintained by the City of
Bozeman or Gallatin County; or a street or road built to the standards provided in these regulations.
16.04.380 Property owner.
A "property owner" is any person, firm, corporation or other entity shown as being the legal
owner of a tract, parcel or lot in the records of the County Clerk and Recorder.
16.04.390 Public improvement.
"Public improvement" means any structure or facility constructed to serve the residents of
a subdivision or the general public such as parks, streets, roads, sidewalks, curbs, gutters, street
. lighting, utilities, and systems for water supply, sewage disposal, and drainage.
16.04.400 Recreational vehicle park.
A "recreational vehicle park" is a place used for public camping where persons can rent
space to park individual camping trailers, pickup campers, motor homes, travel trailers or
automobiles for transient dwelling purposes.
16.04.410 Recreational vehicle space.
A "recreational vehicle space" is a designated portion of a recreational vehicle park designed
for the placement of a single recreational vehicle and the exclusive use of its occupants.
16.04.420 Right-of-way.
"Right-of-way" means land dedicated or acquired for use as a public way.
16.04.430 Roadway.
A "roadway" is that portion of the road right-of-way which is improved or is proposed to be
. improved to carry traffic and provide for the on-street storage of automobiles; where curb is
provided, the roadway is measured from back-of~curb to back-of-curb.
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.
- 7 -
-.-.-.-.------.-.--- .
, .".....---
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.
G. .b.QQQ... 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.
- 8 -
.--- .._- n. .___..._._ .___
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.
I. Mountainous Roads. Roads located on mountainous terrain. Mountainous terrain has
a cross slope exceeding 15 percent.
. J. Primarv Access. The major access to a subdivision. The major access generally
carries the most traffic as determined by the traffic engineering study.
16.04.450 Public street or road.
A "public street or road" is a street or road for which the right-of-way has been dedicated
to the public.
16.04.460 Subdivider.
A "subdivider" is any person, firm, or corporation, or other entity who causes land to be
subdivided or who proposes a subdivision of land.
16.04.470 Subdivision.
A "subdivision" means a division of land or land so divided, which creates one or more
parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a
. United States government section, exclusive of public roadways, in order that the title to or
possession of the parcels may be sold, rented, leased, or otherwise conveyed, and shall include any
resubdivision; and shall further include any condominium or area, regardless of its size, which
provides or will provide multiple space for recreational camping vehicles, manufactured or mobile
homes. A subdivision shall comprise only those parcels less than 160 acres that cannot be
described as a one-quarter aliquot part of a United States government section when the parcels
have been segregated from the original tract, and the plat thereof shall show all such parcels
whether contiguous or not. Provided, however, condominiums constructed on land previously
divided in compliance with the Montana Subdivision and Platting Act are exempt from the provision
of these regulations and the Act.
16.04.480 Surveyor (Registered land Surveyor).
A "surveyor (Registered Land Surveyor)" is a person licensed in conformance with the
. Montana Professional Engineers, Registration Act (Section 37-67-101 through 37-67-332, M.C.A.)
to practice surveying in the State of Montana.
16.04.490 Swale.
A "swale" is a drainage channel or shallow depression designed to direct surface water flow.
16.04.500 Tract of record.
A "tract of record" is a parcel of land, irrespective of ownership, that can be identified by
- 9 -
------------
- ..- .----- -- ,. .- ..
.-. ....---..-..--.-.. -.. -- ----
legal description, independent of any other parcel of land, using documents on file in the records
of the County Clerk and Recorder's Office.
16.04.510 Watercourse.
A "watercourse" is any stream, river, creek, drainage, waterway, gully, ravine, or wash in
which water flows either continuously or intermittently and has a definite channel. bed and banks,
. and includes any area adjacent thereto subject to inundation by reason of overflow. The term
watercourse shall not be construed to mean any facility created exclusively for the conveyance of
irrigation water.
CHAPTER 16.06
GENERAL PROCEDURES
16.06.010 Construction timing.
The subdivider shall not proceed with any construction work on the proposed subdivision
including grading and excavating relating to improvements, until the appropriate governing body has
given preliminary plat approval, and then, only if the construction is in accordance with the
conditions of preliminary plat approval.
16.06.020 Transfers of title.
. After a preliminary subdivision plat has been approved or conditionally approved, the
subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following
conditions are met:
A. Under the terms of the contracts, the purchasers of lots in the proposed subdivision
shall make any payments to an escrow agent which must be a bank or savings and
loan association chartered to do business in the state of Montana.
B. Under the terms of the contracts and the escrow agreement, the payments made by
lot purchasers in the proposed subdivision may not be distributed by the escrow
agent to the subdivider until the final plat of the subdivision is filed with the County
Clerk and Recorder.
C. The contracts and the escrow agreement provide that if the final plat of the proposed
subdivision is not filed with the County Clerk and Recorder within two (2) years of the
. preliminary plat approval, the escrow agent shall immediately refund to each
purchaser any payment made under the contract.
D. The County Treasurer has certified that all real property taxes and special
assessments assessed and levied on the land to be divided are paid.
E. The contracts shall contain the following language conspicuously set out therein:
"The real property which is the subject hereof has not been finally platted, and until
- 10 -
...--- - ----- _.'.'_.~ - .
.-- -. -. ---.-..--
a final plat identifying the property has been filed with the County Clerk and Recorder,
title to the property cannot be transferred in any manner."
F. Instruments Which Transfer Title: Under Section 76-3-302, MCA, the County Clerk
and Recorder shall not record any instrument which purports to transfer title to or
possession of a parcel or tract of land which is required to be surveyed by the
. Montana Subdivision and Platting Act unless the required certificate of surveyor
subdivision plat has been reviewed, approved and filed with the Clerk and Recorder
and the instrument or transfer describes the parcel or tract by reference to the filed
certificate or plat.
16.06.030 Permission to enter.
The appropriate governing body, or its designated
agents, may conduct such
investigations, examinations and site evaluations as they deem necessary to verify the information
supplied. The submission of material or a plat for review shall constitute a grant of permission to
enter the subject property.
, 6.06.040 Appeals.
A party identified in subsection A who is aggrieved by a decision of the appropriate
. governing body to approve, conditionally approve, or disapprove a proposed preliminary plat or final
subdivision plat may, within thirty (30) days after the decision, appeal to the Eighteenth Judicial
District Court, Gallatin County, State of Montana. The petition must specify the grounds upon
which the appeal is made.
A. The following parties may appeal under the provisions of this section:
1. The subdivider.
2. A landowner with a property boundary contiguous to the proposed
subdivision or a private landowner within the county where the
subdivision is proposed if that landowner can show a likelihood of
material injury to the landowner's property or its value.
3. The County Commission.
4. The City of Bozeman.
B. For the purposes of this section, 'aggrieved' means a person who can demonstrate
. a specific personal and legal interest, as distinguished from a general interest, who
has been or is likely to be specifically and injuriously affected by the decision.
CHAPTER 16.08
PLAN AND PLAT INFORMATION REQUIREMENTS
, 6.08.010 General.
All applications and supplemental material, including all copies of plats, shall be bound and
folded into complete 8 Yl inches x 11 inches or 8 Yl inches x 14 inches sets ready for distribution.
- 11 -
--
Ail plats shall be on one or more sheets either 18 inches x 24 inches or 24 inches x 36 inches in
size, and shall be folded and included in the bound submittal.
16.08.020 Pre-application plan.
The pre-application plan may be a free-hand sketch, legibly drawn, showing approximate
boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a
. topographic survey required for the preliminary plat and shall include:
A. Sketch MaD: A sketch map showing:
1. The name of adjoining subdivisions and
numbers of adjoining
certificates of survey, along with adjacent lot and tract lines.
2. Location, name, width and owner of existing or proposed streets, roads
and easements within the proposed subdivision; existing streets, roads
and easements within adjacent subdivisions and tracts; and name of
street or road that provides access from the nearest public street or
road to the proposed subdivision.
3. Location of all existing structures, including buildings, railroads, power
lines, towers, and improvements inside and within one hundred (100)
feet of the proposed subdivision.
4. Zoning classification within the proposed subdivision and adjacent to
it. The proposed zoning for the subdivision. if a change is con-
templated.
B. TODoaraDhic Features: Topographic features of the proposed subdivision and adjacent
. subdivisions and tracts, including:
1. A current U.S. Geological Survey Topographic map at the largest scale
available with the subdivision clearly outlined.
2. Embankments, water courses, drainage channels, areas of seasonal
water ponding, areas within the designated flood way , marsh areas,
wetlands, rock outcrops, wooded areas, noxious weeds, and areas of
active faults.
C. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
1. Location, size, and depth of sanitary and storm sewers. water mains
and gas lines.
2. Location of fire hydrants, electric lines, telephone lines, sewage and
water treatment, and storage facilities.
D. Subdivision Lavout: The proposed layout of the subdivision showing the approximate:
. 1. Subdivision block, tract, and lot boundary lines, with numbers,
dimensions, and areas for each block, tract and lot.
2. Street or road location, right~of-way width, and name.
3. Easement location, width and purpose.
4. Sites to be dedicated or reserved as park, common open space, or
other public areas; with boundaries, dimensions and areas.
5. Sites for commercial centers, churches, schools, industrial areas,
condominiums, mobile home parks, and uses other than single family
residences.
- 12 -
~ -., "......."~-_..,._".._----_._---,._-'---
E. Develocment Plan: An overall development plan indicating future development of the
remainder of the tract, if the tract is to be developed in phases.
F. Name and Location: A title block indicating the proposed name, Quarter.section.
section, township, range, principal meridian, and county of subdivision.
G. Notations: Scale, north arrow, name and addresses of owners and subdividers, and
. date of preparation.
H. Variances. A list of variance requests which will be submitted with the application
for preliminary plat application.
, 6.08.03 Preliminary plat.
The preliminary plat shall be legibly drawn at a horizontal scale no smaller than one
hundred (100) feet to the inch, and may show approximate boundaries, dimensions, distances and
areas, unless specifically noted. The plat shall be on one or more sheets of 18 inches x 24 inches
or 24 inches x 36 inches paper. Where accurate information is required, surveying and engineering
data shall be prepared under the supervision of a registered engineer or registered land surveyor,
licensed in the State of Montana, as their respective licensing laws allow. The plat submittal shall
include the following:
A. Pre-acclication Information: All information required with the preapplication plan, as
.
outlined in Chapter 16.08.020.
B. Subdivision Information: Name and location of the subdivision, scale, scale bar, north
arrow, date of preparation, lots and blocks (designated by number), the dimensions
and area of each lot, and the use of each lot, if other than for single family.
C. Streets. Roads and Grades: All streets, roads, alleys, avenues, highways, and
easements; the width of the right.of.way, grades, and curvature of each; existing and
proposed road names; and proposed location of intersections for any subdivision
requiring access to arterial or collector highways.
D. Adioining Subdivisions: The names of adjoining platted subdivisions and numbers of
adjoining certificates of survey.
E. Adioinina Owners: Names and addresses of record owners of lots and tracts
. immediately adjoining the proposed subdivision.
F. Perimeter Survey: An approximate survey of the exterior boundaries of the platted
tract with bearings, distances, and curve data indicated outside of the boundary lines.
When the plat is bounded by an irregular shoreline or a body of water, the bearings
and distances of a closing meander traverse shall be given.
. 13 .
G. Section Corner: The approximate location of all section corners or legal subdivision
corners of sections pertinent to the subdivision boundary.
H. Contours: Ground contours shall be provided for the tract according to the following
requirements:
Where average slope is: Contour intervals shall be:
. Under 10% 2 feet (If all lots over one acre in size,
5 feet intervals may be used.)
Between 10% and 15% 5 feet
15% or greater 1 0 feet
I. Phased Imcrovements: If the improvements required are to be completed in phases
after the final plat is filed, the approximate area of each phase shall be shown on the
plat.
16.08.040 Preliminary plat supplements.
The following supplemental information shall be submitted with the preliminary plat.
A. Environmental Assessment. Communitv ImDact and Flood Hazard Evaluation: To be
submitted as required in these Regulations.
B. Area MaD: 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 Y2
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. Procertv 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.
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.
- 14 -
-------. --------- -- ----
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. Completed Preliminary Plat application form and the required review fee.
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.
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. 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 x 24 inches or 24 inches
by 36 inches overall, to include a 1 Y2 -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 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".
- 15 -
~...'__n
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.)
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 (Sections 76-3-101 through
76-3.614, M.C.A.) and the regulations adopted pursuant thereto.
16. Memorandum of oaths administered pursuant to Section 76-3~405,
M.C.A.
- 16 -
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.
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.
- 17 .
.....--..---
- ~ mo_ _. _ ,.___.___
1. As-built drawings, Le., 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.
CHAPTER 16.10
REVIEW PROCEDURES FOR MAJOR SUBDIVISIONS
16.10.010 General procedure.
Every plat of subdivision must be reviewed, approved, and filed for record with the County
Clerk and Recorder in accordance with the procedures contained herein before title to the
subdivided land can be sold or transferred in any manner. Subdivisions containing six (6) or more
lots, and subdivisions containing five (5) or fewer lots that do not qualify as first minor subdivisions
. or for summary review, shall be reviewed under the procedures of this Chapter.
16.10.020 Pre-submittal meeting.
The subdivider, or his/her representative, is encouraged to meet with the planning department
prior to submitting a plan or plat. The purpose of this meeting is to discuss these regulations and
standards, to 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.
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. Plannina Decartment Review: Ten (10) copies of the pre-application materials are
. required, unless a different number of copies is agreed to during a pre-submittal
meeting.
1. General 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.
- 18 -
-
2. Time for Review. The planning department shall review the pre.
application plan and within fifteen (15) working 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.
B. Qctional 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 Review. The request must be received at least fifteen (15)
working days prior to the Planning Board meeting at which it is to be
considered. A copy of the approved minutes of the Planning Board
meeting will be forwarded to the subdivider.
16.10.040 Concurrent review.
The subdivider has the option of submitting a Department of Environmental Quality
(DEQ)/Local Government Joint Application Form in the place of a Preliminary Plat Application Form,
and to request concurrent subdivision review by the Department of Environmental Quality and the
appropriate governing body, pursuant to Section 76-4.129, M.C.A.
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 Acclication 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
. 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
- 19 -
,",
--- ..-- -.
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.
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.
- 20 -
~._-- un ___.
- - ______.__. .0_0"__.._-
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. Accrocriate Governina Bodv Action. The appropriate governing body shall approve,
conditionally approve, or disapprove the preliminary plat within sixty (60) 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. 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 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, 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
. 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
- 21 -
-- --...-- -.----..-- . - 'n_ __ _ ._____._
.-..-.....".-.. -...---.------
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 Accroval 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
improvements agreement between the appropriate governing body and the subdivider,
. provided for in Chapter 16.22.
K. Inaccurate or Incomclete 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
- 22 -
-- -- -
--.--
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. Chances to Conditions After Aooroval. 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 Aooroval. 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.
16.10.060 Notice of certification that water and waste services will be provided by local
government.
When a subdivision is approved that will be provided municipal facilities for the supply of
water and/or disposal of sewage and solid waste, the planning office shall, within 20 days after
preliminary plat approval is granted, send notice of certification to the Montana Department of
Environmental Quality that a subdivision has been preliminarily approved and that municipal
. facilities for the supply of water and/or disposal of sewage and solid waste will be provided for the
subdivision.
A. The notice of certification shall include the following:
1. The name and address of the applicant;
2. A copy of the preliminary plat or a final plat where a preliminary plat is
not necessary;
3. The number of proposed parcels in the subdivision;
. 23 ~
4. A copy of any applicable zoning ordinances in effect;
5. How construction of the sewage disposal and water supply systems or
extensions will be financed;
6. A copy of the master plan, when applicable;
7. The relative location of the subdivision to the City; and
8. Certification that adequate municipal facilities for the supply of water
. and disposal of sewage and solid waste are available or will be provided
within one year after the notice of certification is issued.
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 Citv 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
- 24 -
--- ---.
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 (SO)
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
. 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 DeDartment: 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) 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 Citv 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 Commission shall cause
a letter to be written to the subdivider stating the reasons
therefore.
2. Subdivisions outside the Citv 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.
Chapter 16.12
Summary review procedures for minor subdivisions
16.12.010 General procedure.
Every plat of subdivision must be reviewed, approved, and filed for record with the County
Clerk and Recorder in accordance with the procedures contained herein before title to the
~ 25 -
_._-~--- _.,.__..~._~ ----------. -.....--
- - -.- - --
subdivided land can be sold or transferred in any manner. Subdivisions containing five (5) or fewer
lots in which proper access to all lots is provided and in which no land is to be dedicated to public
use for parks and playgrounds, shall be reviewed under the procedures of this Chapter. Further,
subdivisions containing five (5) or fewer lots in which proper access to all lots is provided, in which
no land is to be dedicated to public use for parks and playgrounds, and when the plats have been
. approved by the department of environmental quality, shall also be reviewed under the procedures
of this Chapter.
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
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. PreaDDlication 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 Deoartment Review: Ten (10) copies of the preapplication
materials are required, unless a different number of copies is agreed to
during a pre.submittal meeting.
a. General 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 (1 5) working 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. ODtional 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) working days
prior to the planning board meeting at which it is to be
considered. A copy of the approved minutes of the planning
board meeting will be forwarded to the subdivider.
- 26 -
--
16.12.030 Review procedures for minor subdivisions.
After the requirement for pre-submittal and/or preapplication review has been satisfied, the
subdivider shall submit a preliminary plat. Preliminary plats are 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 the state of Montana.
. A. First Minor Subdivision Created From a Tract of Record. For a first minor subdivision
created from a tract of record, the requirements for a public hearing and preparation
of an environmental assessment do not apply.
8. Variance Reauests for Minor Subdivisions. If the subdivider of a minor subdivision is
requesting a variance from any requirement of these Regulations, the procedures of
Chapter 16.30.010 must be followed. Due to the requirement for a public hearing on
variance requests, the subdivider shall provide the Planning Office with a written
extension of the 35-day review period referred to in Chapter 16.12.040.E of these
Regulations at the time the preliminary plat application and variance request are
submitted.
C. Second or Subseauent Minor Subdivision Created From a Tract of Record. For a
. second or subsequent minor subdivision created from a tract of record the Planning
Board may require the preparation of all or part of an environmental assessment. A
public hearing shall be held in accordance with the hearing procedures in Chapter
16.10.050. The subdivider shall be provided with a written statement of the reasons
for requiring the public preparation of an environmental assessment after the pre.
submittal meeting or pre-application plan review has been completed.
16.12.040 Preliminary plat for the first minor subdivision from a tract of record.
A. Preliminarv Plat ADDlication 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
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
- 27 -
--
.~~_._- -- .----.. ""--- .._._~..
.-.---
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.
S. 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 thirty-five (35) day review period.
C. Plannina 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
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
. 28 -
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 Section
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.
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:
- 29 -
.- ~- , . ~... ..
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. Preliminarv Plat ADDroval 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 ADDroval. 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 AODroval. 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 above.
. 16.12.050 Notice of certification that water and waste services will be provided by local
government.
When a subdivision is approved that will be provided municipal facilities for the supply of
water and/or disposal of sewage and solid waste, the planning office shall, within 20 days after
preliminary plat approval is granted, send notice of certification to the Montana Department of
Environmental Quality that a subdivision has been preliminarily approved and that municipal facilities
- 30 -
--.-.
-.-- -- - ,. "-
for the supply of water and/or disposal of sewage and solid waste will be provided for the
su bd ivision.
A. The notice of certification shall include the following:
1. The name and address of the applicant;
2. A copy of the preliminary plat or a final plat;
. 3. The number of proposed parcels in the subdivision;
4. A copy of any applicable zoning ordinances in effect;
5. How construction of the sewage disposal and water supply systems or
extensions will be financed;
6. A copy of the master plan, when applicable;
7. The relative location of the subdivision to the City; and
8. Certification that adequate municipal facilities for the supply of water
and disposal of sewage and solid waste are available or will be provided
within one year after the notice of certification is issued.
16.12.060 Final plat application.
The final plat application requirements of Section 16.08.050 of these Regulations shall be
followed.
CHAPTER 16.14
. DESIGN AND IMPROVEMENT STANDARDS, GENERAL
16.14.010 GENERAL STANDARDS.
A. Conformance: The design and development of a subdivision shall conform with
adopted comprehensive plans, zoning ordinances
and other resolutions and
regulations, including any and all amendments thereto.
B. Natural Environment: The design and development of the subdivision shall, insofar
as it is possible, preserve or enhance the natural terrain, natural drainage, existing
topsoil, trees, and natural vegetation.
C. Lands Unsuitable for Subdivision: Land which the appropriate governing body has
found to be unsuitable for subdivision because of potential hazards such as flooding,
land slides, excessive slope, rock falls, snow avalanches, subsidence, high water
table, polluted or non-potable water; or because of unreasonable burdens on the
. general public such as requirements for the excessive expenditure of public funds,
environmental degradation, or congestion in the streets or roads shall not be
subdivided for building or residential purposes unless the hazards or excessive public
burdens are eliminated or will be overcome by appropriate design and construction
plans. Slopes in excess of 25 percent shall be presumed unbuildable unless otherwise
provided by the developer.
- 31 -
..-- - -- -. -
D. Re-veQetation: All areas disturbed during construction shall be reseeded with
vegetation types approved by the Gallatin County Weed Control Supervisor.
16.14.020 lots. See Figure (1).
A. Dimensions and Orientation: Lot size, width, shape, and orientation shall be
appropriate for the location and contemplated use of the subdivision. Lot designs
. with irregular shapes, narrow necks, points, and flag shapes shall be permitted only
when the subdivider can demonstrate that the proposed lot designs are necessary due
to topography or other physical constraints. Each lot shall contain a satisfactory
building site and shall conform to zoning ordinances and comprehensive plans, where
officially adopted, and to the regulations of the State Department of Environmental
Quality.
B. Division bv RiQhts-of-Wav: No single lot shall be divided by a dedicated right-of-way
or easement, which would reduce the buildable area to a size less than required by
these and other adopted regulations.
C. Double and Reverse FrontaQe: Double frontage and reverse frontage lots shall be
avoided except where essential to provide separation of residential development from
. arterial streets or roads; to provide access to development adjacent to limited access
roads; to overcome topography or other physical conditions; or to overcome specific
disadvantages of existing design and orientation.
D. Corner Lots: Corner lots shall have sufficient width to permit appropriate building
setback from both streets or roads, and provide acceptable visibility for traffic safety.
E. Width: Lots shall have a width sufficient to allow normal construction without the
construction encroaching on property lines, and shall comply with zoning regulations,
where applicable.
F. Decth: No lot shall have an average depth greater than three (3) times its average
width.
G. Side Lot Lines: Side lot lines shall be, whenever practical, at right angles or radial to
street or road lines.
. H. Frontage on Public Streets or Roads: Each lot shall have a minimum of 30 feet of
frontage on a public street or road or on a public street or road easement, to provide,
among other things, adequate room for snow removal along the lot access (driveway),
and utility easements.
16.14.030 Blocks. See Figure (1).
A. Size and Orientation: Blocks shall be designed to assure traffic safety and ease of
- 32 -
--- - ---
..-:---- ~
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.
FIGURE 1
SUBDIVISION LOT TERMS
I I
I I
. +- Block Length (400 ft. - 1,200 ft.)
-*
Reverse
Comer t Interior Frontage
Block
Lot
Lot Double Lot Rear Lot
Width
Frontage
+- Line
Lot r
(two
Lot J. Lot Front
tiers
+- Width -+ Depth
Lot -+ of
Line(s) lots)
.l-
J. .l.
I I BLOCK
I I
16.14.040 Sidewalks.
. A. Within the City of Bozeman: City standard sidewalks (including a concrete sidewalk
section through all private drive approaches) shall be constructed in all subdivisions
on all public and private street frontage of a property at the time street improvements
are installed.
B. Outside City Limits: Typically, sidewalks will not be required in rural subdivision. The
. 33 -
_on - -
.~_. --
County Commission may, however, require sidewalks to be installed when sidewalks
are determined necessary for the public health and safety.
16.14.050 Easements.
A. Reauired Easements: Where determined to be necessary, the appropriate governing
body shall require that easements be provided as for utilities, drainage, vehicular or
. pedestrian access, and planting screens. All easements shall be shown on the plat.
B. Utilitv Easements: Privately owned utility easements shall meet the following
standards:
1. Utility easements shall be centered along side and rear lot lines wherever
possible, and, if placed in the street or road, shall be located in a
location required by and agreed upon in writing by all of the appropriate
utility companies and the appropriate governing body.
2. Rear and side yard utility easements shall be twenty (20) feet wide,
centered on lots lines, where practical, and front yard utility easements
shall be twelve (12) feet wide, except the appropriate governing body
may require easements for sanitary sewer, storm sewer, and water lines
to be thirty (30) feet wide. In the event front yard easements are used,
rear yard easements must still be provided unless written confirmation
is submitted to the planning department from ALL utility companies
indicating that front yard easements only are adequate.
3. Where a utility is to be located in an existing, dedicated right-of-way, an
encroachment permit must be obtained from the local or state street or
. road department having jurisdiction.
4. The following statement shall appear on the final plat.
a. Outside Citv Limits: "The undersigned hereby grants unto each
and every person, firm, or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric
power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the
construction, maintenance, repair and removal of their lines and
other facilities, in, over, under and across each area designated
on this plat as "Utility Easement" to have and to hold forever."
b. Within Citv Limits: "The undersigned hereby grants unto each
and every person, firm, or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric
power, gas, or cable television service to the public, the right to
the joint use of an easement for the construction, maintenance,
repair and removal of their lines and other facilities in, over, under
and across each area designated on this plat as
"Utility
Easement" to have and to hold forever."
C. Drainage and Irriaation Maintenance Easements: Where a subdivision is traversed by
. a watercourse, drainage way, channel, ditch, or stream, easements or rights-of-way
in addition to the width of the watercourse may be required to parallel the lines of
such watercourse at a sufficient width to allow for maintenance. Irrigation
canals/ditches shall require a minimum easement width of twenty (20) feet beyond
the limits of the watercourse; fifteen (15) feet on one side and five (5) feet on the
other side of the watercourse for maintenance proposes.
- 34 -
-....
The realignment or relocation of active irrigation ditches is discouraged. If an
irrigation ditch or points of diversions thereon is proposed to be realigned or relocated,
the subdivider's professional engineer shall certify, prior to final plat approval, that the
amount of water entering and exiting the realigned or relocated irrigation ditch is the
same amount of water that entered or exited the ditch prior to realignment or
. relocation.
16.14.060 Fire protection requirements.
All subdivisions shall provide adequate fire protection.
A. If a subdivision is not located in a the City of Bozeman or a rural fire district or fire
service area, one of the following alternatives shall be met:
1. If contiguous to a fire district or fire service area, annex to the district
or area.
2. If the annexation is unsuccessful, contract for fire protection service or
form a new fire district.
3. Or, provide other reasonable protection as recommended by the County
Fire Chief, or his designee, and approved by the County Commission.
S. If a subdivision is located in or annexes to a fire district or fire service area, the
subdivider shall pay the following fee:
. 1. The fire impact fee, as adopted in accordance with the Fire Impact Fee
regulation, if the appropriate fire district/fire service area has entered
into an agreement with Gallatin County for collection of the fire impact
fees. The fire impact fee shall be placed into a Fire Protection Impact
Fee Fund in accordance with the Fire Impact Fee regulation.
2. A $100 per lot (or per new lot if already in a fire district or fire service
area) fee if the appropriate fire district/fire service area has not entered
into an agreement with Gallatin County for collection of the fire impact
fees. The $100 per lot fee shall be placed in a fund reserved for fire
service improvements.
C. In subdivisions with public water systems, as defined by Section 76-4-102, M.C.A.
and ARM 16.16.101, National Fire Protection Association (NFPA) standards for
hydrant systems shall be met.
D. In subdivisions without public water systems, as defined by Section 76-4-102,
M.C.A. and ARM 16.16.101, NFPA standards for fill sites shall be met. If an existing
. fill site is not located close enough to meet NFPA standards, the subdivider shall
install a fill site. If the subdivision will have access to an existing fill site, the
subdivider of the fill site shall be reimbursed.
E. In minor residential subdivisions (Group R, Division 3, Uniform Fire Code), the
subdivider shall provide one of the following standards to ensure a reasonable level
of fire protection and life-safety to the public and firefighters. This standard may be
- 35 -
-
-- ..-.---
applied to major subdivisions only when written approval of the Fire Chief or his
designee is obtained in advance.
1. A single 10,000 gallon water supply with approved dry.hydrant type
fittings for each home and associated structure (detached garage, shop
under 5,000 sq. ft. feet, etc.). The water supply shall be:
a. Capable of delivering 500 gallons per minute for 20 minutes;
. b. The Fire Department Connection (FDC) shall be located not more
than 125 feet, but not less than 75 feet, from the main door on
the street side of the structure and in a location approved by the
Fire Chief; and
c. Be a clean metal, fiberglass or concrete tank, approved by the
Fire Chief, or a dry hydrant, approved by the Fire Chief or his
designee, and permitted by the appropriate
State stream
alteration permit (if required).
2. A single 20,000 gallon water tank for 2-5 lot subdivisions, provided the
tank and required FDC is located no closer than 75 feet from the nearest
home and no further than 500 feet from the main entrance on the street
side of the most distant house as measured using an approved route.
An approved horizontal standpipe or dry distribution system may be used
to meet the distance requirements provided the capacity of the piping
is added to the required storage capacity. The Fire Chief or his
designee shall review and comment on all subdivision requests, and may
impose additional requirements upon lots greater than five (5) acres in
size or residences to be built within a wildland/urban interface area. The
water supply shall be:
. a. Capable of delivering 500 gallons per minute for 20 minutes;
b. The Fire Department Connection (FDC) shall be located not more
than 125 feet, but not less than 75 feet, from the main door on
the street side of the structure, and in a location approved by the
Fire Chief; and
c. Be a clean metal, fiberglass or concrete tank, approved by the
Fire Chief or a dry hydrant, approved by the Fire Chief, or his
designee, and permitted by the appropriate
State stream
alteration permit (if required).
3. A rural fill site, meeting the flow requirements of the currently adopted
edition of the Uniform Fire Code, at a site approved by the Fire Chief or
his designee. The fill site shall provide a minimum sustained fire flow of
1,000 gallons per minute for two (2) hours. If any structures within the
subdivision are greater than 3,600 square feet, the fill site shall provide
1,500 gallons per minute for two (2) hours. The fill site shall provide
year-around access, provisions for apparatus turn-around, and fire
department connections approved by the Fire Chief or his designee. The
fill site shall be owned, maintained and kept accessible privately or by
the appropriate owners association.
. 4. R-3 occupancies, as defined by the Uniform Fire Code, may be protected
by automatic fire sprinkler systems meeting the requirements of NFPA
130. If the residential fire sprinklering option is exercised, exposures
must be no closer than 50 feet from the residence. Note: Lot size and
wildland/urban interface conditions may dictate additional fire protection
requirements (e.g. additional access, defensible space, etc.).
5. A pressurized fire hydrant system meeting the flow requirements of
Appendix 3-A of the Uniform Fire Code. Spacing of fire hydrants shall
not exceed 500 feet and hydrant location shall be approved by the Fire
Chief or his designee.
. 36 .
- .- - --- ---- ~.
6. Existing approved water supplies may be used with the written
permission of the Fire Chief for whole or partial credit for the required
water of the previous five standards.
F. ProDortionate Reimbursement: If subsequent subdivisions will be served by an existing
fill site. the County Commission shall include reimbursement of a portion of the
original fill site improvement costs as a condition of preliminary approval of any
. subsequent subdivision. This reimbursement condition shall be in effect for ten (10)
years from the date the County Commission directs the original subdivider to
construct the fill site.
The proportionate reimbursement shall be determined based on the ratio of the
number of lots in the subdivision to the total number of lots served by the fill site.
The ratio then is multiplied by the total cost of the fill site. When the total cost of a
fill site has been reimbursed. subsequent subdivisions will not be subject to this
requirement.
G. Reimbursement Methodoloav: The original subdivider shall forward the total costs of
improvements to the planning department within 60 days of the completion of the
improvements. Subsequent subdividers shall pay their proportionate reimbursement
. to the planning department. The planning department shall then make disbursements
within 60 days of receiving reimbursement funds. Funds shall be disbursed to the
entity which has the responsibility for maintenance of the facility.
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
- 37 -
-""_.,~ ..""'~.~, '.
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
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.
16.14.080 Mail delivery.
If mail delivery will not be to each individual lot within the subdivision, the subdivider shall
provide an off-road area for mail delivery within the subdivision in cooperation with the United
States Postal Service. It shall not be the responsibility of the City or County to maintain or plow
any mail delivery area constructed within a City or County right-of-way.
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.
- 38 -
----...
..'-."-'- -~_._~.._...
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.
1. 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.
A park dedication or cash in lieu thereof may not be required for:
D.
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. ~ 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.
. 39 -
-..-..-..... .---- -- ------ ._-
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
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. Develooment: Subdividers shall consult any adopted Parkland, 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 nonwlot 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.
- 40 -
. ...-.... .- ... -. ...--...---...--...
:....n:o::-::....-....__ - -.
2. Where cash has been accepted in lieu of land dedicati'on, the amount of
cash donation shall be stated on the final plat.
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 Develocment: If the proposed plat provides for a planned unit
.
development in compliance with Chapter 16.24 of these Regulations, the appropriate
governing body shall waive the park dedication requirement if the preliminary plat
provides land permanently set aside for park and recreational uses sufficient to meet
the needs of the persons who will ultimately reside in the development, and if the area
of the land and any improvements set aside for park and recreational purposes equals
or exceeds the area of the dedication required under Chapter 16.14.090.A and 8,
above.
K. Procertv 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.
- 41 -
-
L. 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.
M. 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.
N. Waiver of Park Dedication: The appropriate governing body may 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, is reduced by
an amount equal to or exceeding the area of the required dedication.
2. 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, is reduced by
an amount equal to or exceeding the area of the required dedication.
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.
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
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.
S. 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
- 42 -
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. Citv 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.
16.14.110 Utilities.
A. Outside Citv limits. All new utilities shall be placed underground. If placed in the
road right-of-way, utilities shall be located between the roadway and the right-of-way
line to simplify location and repair of lines. Such underground facilities shall be
. installed after the road has been brought to grade and before it is surfaced to
eliminate the necessity of disturbing the road surface when connecting individual
services. In the event overhead utility lines are necessary, they shall be located at
the rear property lines, where practical. Utility facilities shall be designed by utility
firms in cooperation with the subdivider, subject, however, to all applicable laws and
rules and regulations of any appropriate regulatory authority having jurisdiction over
such facilities. Easements, as required in Section 16.14.050 shall be provided.
B. Within City limits. All new utilities shall be placed underground. Easements, as
required in Section 16.14.050 shall be provided.
16.14.120 Water supply system.
A. Where the subdivision is within the service area of a public water supply system, the
. 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.
- 43 ~
-.-.-...
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.
16.14.130 VVatercourse setback.
A minimum 35-foot setback shall be provided from the mean high water mark on each side
of all natural streams, rivers, creeks, drainage, waterway, gully, ravine or wash in which water
flows either continuously or intermittently and has a definite channel, bed, and banks. A minimum
of five feet of the required setback immediately adjacent to the watercourse shall be left in a natural
vegetative state. No structures, parking, or other similar improvement shall be located within this
setback.
16.14.140 Noxious weeds.
. Noxious weeds shall be controlled in all subdivisions as directed by the Gallatin County Weed
Control District (District) in accordance with the Montana County Noxious Weed Control Act (Act).
A. The subdivider shall identify noxious weeds in the pre-application plan.
B. Prior to application for preliminary plat approval. the subdivider shall design a Noxious
Weed Control and Revegetation Plan (Plan), and the subdivider shall submit the Plan
to the District for approval. This Plan shall ensure the control of noxious weeds upon
- 44 -
preliminary plat approval and the revegetation of any land disturbed during the
construction of subdivision improvements.
C. The subdivider shall submit the approved Plan at the time of application for preliminary
plat approval.
D. Prior to application for final plat approval, the subdivider shall enter into a
. Memorandum of Understanding with the District. The Memorandum of Understanding
shall be signed by the District and the subdivider prior to final plat approval, and a
copy of the signed document shall be submitted to the planning office with the
application for final plat approval.
E. The subdivider shall ensure that after final plat approval, the property owner(s) and/or
Property Owner's Association shall be responsible for the control of County declared
noxious weeds by placing a covenant on the property.
16.14.150 Clean up of property required.
Prior to final plat approval, the subdivider shall ensure that all construction and other debris
is removed from the subdivision. This includes concrete, asphalt. dead trees and shrubs. and
fencing materials.
. CHAPTER 16.16
DESIGN AND IMPROVEMENT STANDARDS,
STREETS AND ROADS
16.16.010 General.
For the purposes of these regulations, the terms "street" and "road" may be used
interchangeably.
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 convenience
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 new subdivision adjoins un-subdivided land
susceptible to being subdivided, then streets shall be so arranged so as to allow the
suitable development of the adjoining areas. Proposed streets 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.
- 45 -
.......---.......
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. Secaration 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
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 "no parking".
"T" turnarounds, in lieu of a cul-de-sac, must be specifically approved by either the
County Road Superintendent or City Engineer, as appropriate. "T" 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. "T" 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.
- 46 -
._. _n..._ --. ---...--------
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.
. 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.
16.16.020 Street and road dedication.
. All streets and roads within or providing access to the proposed subdivision shall be
dedicated to the public, be private streets to be owned and maintained by an approved property
owners association, or, if the criteria of this section are met, be a public road easement. Roads
outside the corporate limits of the City of Bozeman which are dedicated to the public are accepted
for public use, but the County accepts no responsibility for maintaining the same. Private streets
may only be allowed in mobile home parks, condominium developments, and planned unit
- 47 .
-,.~- ~ -- -.---.-.--
developments. Private streets may be required to have a public access easement if deemed
necessary by the appropriate governing body.
A. Public road easements shall:
1. Be approved by the City or County Attorney's Office, as appropriate:
2. Be recorded in the Office of the Gallatin County Clerk and Recorder: and
. 3. Clearly grant to the public an unrestricted right of ingress and egress
from a public road to the property to be subdivided.
4. Documented proof of maintenance of the road within the easement must
be provided.
16.16.030 Intersections.
The following requirements apply to street and road intersections:
A. The intersection of more than two streets at one point shall be avoided.
B. Streets shall be laid out so as to intersect as nearly as possible at right angles and no
street shall intersect any other street at less than a 75 degree angle.
C. Two streets meeting a third street from opposite sides shall meet at the same point,
or their centerline shall be off-set at least 125 feet. County roads shall be off-set at
least 200 feet.
. D. Any street or road which intersects a paved minor collector or greater street or road
shall be paved for at least seventyvfive (75) feet from the existing edge of pavement.
16.16.040 Names.
The following requirements apply to street and road names:
A. New streets aligned with existing streets shall have the same name as the existing
streets.
B. All street and road names must be approved by the Gallatin County Road Office and
City Engineering Office prior to preliminary plat approval in order to avoid duplication
and confusion with names of existing streets and roads.
16.16.050 Primary access street and road standards.
All off-site streets and roads providing primary access to the proposed subdivision shall meet
the following standards:
. A. Right-of-way width and construction standards contained in this regulation shall apply.
B. Access streets and roads which are not on the City or County's road maintenance
system shall be dedicated to the public, or shall have a public easement which meets
the criteria of these Regulations.
C. Off-site primary access streets and roads which are not on the City or County's road
maintenance system shall be constructed to the standards in Tables 1 and 2 of these
- 48 -
Regulations. The subdivider shall be responsible for bringing up to current county
standards and paving primary access roads if the primary access road is at or over one
hundred (100) trips per day, or if the proposed subdivision will generate over one
hundred (100) trips per day, or if the proposed subdivision will add traffic that causes
traffic on the primary access roads to exceed one hundred (100) trips per day. Trips
. per day shall be calculated on an average of eight (8) trips per day per household.
Paving shall be done in accordance with the standards in these Regulations.
16.16.060 Lot access.
A. Plats: All final plats shall contain a statement requiring lot accesses to be built to the
standard contained in this section.
S. Lot Access Standards:
1. Within City Limits: The drive approach
shall be constructed in
accordance with the City's standard approach, which includes a
concrete apron, sidewalk section, and drop-curb. A City Curb Cut and
Sidewalk Permit must be obtained prior to installation of the approach.
2. Outside City Limits: The lot access surface shall be a minimum of
eighteen (18) feet wide on collector roads and fourteen (14) feet wide
on all other roads. Lot accesses shall be built to County Road Standard,
except for the minimum width. Access plans shall be a part of the road
plans which are submitted for review and approval. Where culverts are
. necessary, in the opinion of the Road Office or project engineer, they
shall be fifteen (15) inch minimum, approved by the County Road Office.
16.16.070 Paving requirements.
A. Within Citv 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
- 49 -
paving is completed and
accepted by the City of
Bozeman; or
(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. Timina Reauirements: 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 B.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. PavinCl ImDrovement Aareements: 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.
( ii) Security in the amount equal to 125% of the cost of the
paving shall be included. Such security shall be in the
form of a surety bond, certificate of deposit, letter of
credit or cash.
Wi) The required security shall not be reduced or paid out until
all paving requirements are met.
(iv) The Agreement and security shall be satisfactory to the
County Attorney as to form and manner of execution.
. 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
(ii) 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
- 50 -
.........--^
-T ~------ -
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
improvements
(ij) The County Road Office shall review all traffic and
improvement cost information.
d. Reimbursement Methodologv . 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.
16.16.080 Improvement standards.
All street and road improvements shall be designed by and constructed under the supervision
of a professional civil engineer, registered in the State of Montana, and shall meet or exceed the
construction standards adopted by the City of Bozeman and/or Gallatin County and required for the
type of street to be constructed.
A. Within the City: Plans and specifications for all public or private streets (including
curb, gutter, and sidewalks). shall be provided to and approved by the City Engineer.
The subdivider shall provide professional engineering services for construction
. inspection, post construction certifications, and preparation of mylar record drawings.
The plans and specifications shall be approved and a preconstruction conference shall
be conducted before any construction is initiated on the street improvements.
1. Surfacina. The pavement thickness design will be based on the current
AASHTO (American Association of State Highway and Transportation
Officials) Guide for Design of Pavement Structures, or the current
Asphalt Institute Manual Series No. 1 (MS-1) for thickness design. A
Pavement Design Report, prepared by a Professional Engineer, or other
Qualified professional approved by the City Engineer, shall be submitted
- 51 -
- ... ----.-.- . --
to the City Engineer for approval. The design shall be based on at least
a 20 year performance period traffic volume; however, the minimum
design lane Equivalent 18,000 Ib Single Axle Load (ESAL) used in the
pavement design shall not be less than 50,000 ESAL.
The minimum asphalt pavement thickness for any new roadway shall be
three (3) inches. A minimum of six (6) inches of high quality untreated
aggregate base shall be provided for designs utilizing asphalt pavement
over untreated aggregate base. Where full-depth asphalt is designed, an
adequate stabilizer lift shall be included, consistent with unpaved
. roadway design practices, to provide a suitable sub-base capable of
withstanding the traffic required for the initial construction of the
roadway.
TABLE 1A
MINIMUM STREET DESIGN STANDARDS FOR CITY STREETS
STREET TYPE ARTERIAL COLLECTOR MINOR/LOCAL
Terrain * Ordinary Mountainous * Ordinary Mountainous * Ordinary Mountainous*
Right-of-way 90'-120' 90'-120' 65'-80' 65' 60' 60'
width
Centerline **** **** 300' 150' 150' 100'
Radius
on Curves
Tangent **** **** 100' 50' 50' ----
Length
Between
Reverse Curves
. Stopping **** **** 300' 200" 200' 100'
Sight
Distance
Angle at **** **** > 750 > 750 > 750 > 750
Inter-
Section
Centerline
Curb Radius **** **** 25' 25' 15' 15'
At
Intersections
Length of **** **** 150' 100' 100' 50'
Tangent at
Intersection
Back of **** **** 35'-51 ' --- 37' 37'
Curb to
Back of
Curb
. Length of **** **** --- --- 500** 2500'
Cul-De-Sac
Outside **** **** --- _u 50' 50'
Radius on
Cul-De-Sac
R.O.W.
Grade,
Maximum **** **** 7% 10% 10% ***12%
Grade,
Minimum **** **** 0.5% 0.5% 0.5% 0.5%
- 52 -
Grade **** **** 3% 3%
3% 3%
Within 1 50'
Of Intersecting
Centerlines
NOTES:
* Mountainous terrain is defined as terrain which has a cross slope exceeding 15%
* * Temporary cul-de-sacs which will be extended in the future may exceed this length.
* * * Grades of over 10% shall not exceed 100 feet in length.
* * * * All design criteria shall be to AASHTO standards.
. B. Outside the City.
1. Subarade Excavation and Embankment: The subgrade for the roadway
shall be finished within a tolerance of three-quarters (3/4) of an inch
measured as a vertical ordinate from the face of a ten (10) inch straight
edge. Compaction of the subgrade shall be accomplished through
methods acceptable to the Engineer and County Road Office. The
subgrade shall be compacted, in place, to ninety-five (95) percent of the
maximum dry density as determined by AASHTO Designation T-180.
This compaction is required before any gravel surfacing material is
placed on the subgrade. Stripping requirements shall be approved by
the Engineer.
2. Sub Base Gravel: (Pit Run selected surfacing.) All sub base gravel
material shall be obtained from previously approved pits - a tolerance of
five (5) percent by volume up to the next specified gradation (seven (7)
inch for six (6) inch max.) will be allowed. All oversized material not
allowed in the top six inches shall be removed from the roadway typical
section.
3. Road Construction Standards: All roads shall meet the following
. standards. Any deviation from these standards must be approved by
a licensed engineer and the County Road Office.
TABLE 1B
STREET DESIGN STANDARDS FOR COUNTY ROADS
COLLECTOR
MINOR/LOCAL
TERRAIN * ORDINARY MOUNTAINOUS. ORDINARY
MOUNTAINOUS.
RIGHT-OF-WA Y WIDTH 60' . 80' 60' 60'
60'
CENTERLINE RADIUS ON
CURVES 300' 150' 150'
150'
TANGENT LENGTH
BETWEEN REVERSE
CURVES 100' 50' 50'
___
STOPPING SITE
DISTANCE 300' 200' 200'
100'
ANGLE OF INTERSECT.
ING CENTERLlNES 750 750 750
750
. CURB RADIUS AT
INTERSECTIONS 25' 25' 15'
15'
LENGTH OF CUL-DE-SAC --- --- 1000' **
2500'
OUTSIDE RADIUS ON
CUL-DE-SAC R.O.W. --- --- 50'
50'
GRADE - MAXIMUM 7% 10% 10%
12%.....
GRADE - MINIMUM .5% .5% .5%
.5%
- 53 -
---..--...-------.----.-- -- --..--
....--..-.-..--...... -
_ _ __ __ ___no n_n.___
MAXIMUM GRADE
WITHIN 150' OF INTER-
SECTING CENTERLlNES 3% 3% --- ---
MAXIMUM GRADE
WITHIN 75' OF INTER-
SECTING CENTERLlNES --- --- 3% 3%
Note: All standards are minimum standards unless noted.
* Mountainous terrain is defined as terrain that has a cross slope exceeding 15%.
* * Cul-de-sac roads that provide access to unsubdivided land may exceed this length.
. * * * Grades of over 10% shall not exceed 100' in length.
TABLE 2.
PAVING AND STREET WIDTH STANDARDS FOR
COUNTY ROADS
ADT FINISHED
GRA VEL WIDTH PAVING WIDTH
NON-MOUNTAINOUS TERRAIN
8 22' NO
16 22' NO
24 22' NO
32-99 26' NO
. 100+ 26' 24'
MAJOR ARTERIALS & 30' 28'
COLLECTORS
MOUNTAINOUS TERRAIN
8-40 20' NO
41-99 24' NO
100+ 24' DETERMINA TION BY
ROAD OFFICE
MAJOR COLLECTORS &
ARTERIALS 30' 28'
.
- 54 -
------ - ----- .-.-- .--- -.-- .-.-
_..____.___n.
_ .__u_.._u__
TABLE 3.
SUB-BASE GRAVEL
Pit run selected surfacing shall
meet the following gradation:
1 2 3 4 5 6
6 inch sieve 100%
. 3 inch sieve 100%
2 Y2 inch sieve 100%
2 inch sieve 100%
1 Y2 inch sieve 100%
1 inch sieve 100%
No.4 sieve 25-60% for all grades
No. 200 sieve (not 10% 10% 10% 10% 10% 10%
more than)
Liquid limit for that portion of the fine aggregate passing the No. 40 sieve shall not
exceed twenty-five (25) nor shall the plasticity index exceed six (6).
Construction requirements of the pit run selected surfacing shall be laid
down in conformity with the approved typical section. The gravel base
course shall be placed in uniform thickness of eight (8) or nine (9) inches
and compacted to ninety-five (95) percent of the maximum dry density
. as determined by AASHTO Designation T-180. If water is needed to
facilitate compaction and bonding of the material, it shall be applied.
The subgrade shall be finished within a tolerance of three-quarters (3/4)
of an inch measured as a vertical ordinate from the face of a ten (10)
foot straight edge.
TABLE 4.
CRUSHED TOP SURFACING TYPE - A-
Table of
Gradations
Passing Grade 1 Grade 2 Grade 3
1 inch sieve 100%
3/4 inch sieve 100%
Y2 inch sieve 100%
No.4 sieve 40-70% 40- 70 % 40- 70 %
. No. 10 sieve 25-50% 25-50% 25-50%
No. 200 sieve 5-10% 5-10% 5-1 0 %
The aggregate for all grades, including added binder or filler, shall meet
the following supplemental requirements:
a. The dust ratio, that portion passing the No. 200 sieve, shall not
be greater than two-thirds (2/3) of that portion passing the No.
40 sieve.
- 55 -
--.----.-...
...---..-.- "".
b. The liquid limit for that portion of the fine aggregate passing the
No. 40 sieve shall not exceed twentywfive (25) nor shall the
plasticity index exceed six (6).
c. Compaction of type" A" crushed surfacing shall be accomplished
by rolling equipment approved by the engineer - on all crushed
top surfacing type "A", these regulations shall require pneumatic-
tired rollers of two axle type, straight or oscillating, mounted on
rigid frame and provided with a platform or body suitable for
ballast and having effective rolling width of not less than four (4)
. feet, and shall have a minimum working weight capacity of two
hundred fifty (250) pounds per inch of tire surface. Tires shall
be smooth (no tread) and of equal size and diameter. The
material shall be compacted to ninety-five (95) percent of the
maximum dry density as determined by AASHTO Designation T-
180. If water is needed to facilitate compaction and bonding of
the material, it shall be applied. The surface course shall be
finished within a tolerance of one*half (%) inch measured as a
vertical ordinate from the face of a ten (10) foot straight edge.
4. Road Sians: Road signs of the size, shape, and height as approved by
the County, shall be placed at all intersections by the subdivider prior
to final plat approval, or a cash bond covering the cost of purchase and
installation of the signs shall be turned over to the County before final
acceptance of any roads.
5. Road Sian Standards: Location of road signs shall be designated on
road plans which are submitted for review and approval.
a. Posts. All metal road posts shall be two (2) inch schedule 40
galvanized steel. All mounting hardware shall be die cast of No.
380 Alloy with tensile strength of 49,000 psi with excellent
. resistance to corrosion. The brackets shall have two angled
gussets, or ribs on each side for extra strength. All sets of
brackets shall be tapped and drilled for ten (10) each five-
sixteenth (5/16) inch zinc dichromate placed Allen-type set
screws having self-locking sawtooth ends. Wooden road signs
and posts may be approved by the County Road Office, upon
submittal of design, which shall include reflective lettering.
Other post and mountain brackets may be approved by the
County Road Office.
b. Sians. All sign blanks as specified: all six (6) inch wide by
twenty*four (24), thirty (30), or thirtywsix (36) inch long signs of
either .08 inch flat aluminum with short radius rounded corners
or of .08 inch to .10 inch extruded aluminum with heavy
boarders. All blanks to be coated with engineer grade green
Scotchlite or equivalent reflective surface. All letters in four (4)
inch white Scotchlite or equivalent reflective surface. All
mounting hardware to fit green painted two (2) Ib./ft. U-channel
posts or green painted round steel posts. Hardware shall be
either galvanized or painted green or made of aluminum. Nut and
bolt assemblies are to be galvanized and will include nut,
lockwasher, neoprene or nylon washers against the Scotchlite,
and three-eighths (3/8) inch bolt. All posts will be mounted in at
. least one (1) cubic foot of subsurface concrete. Other sign and
mounting hardware may be approved by the County Road Office.
w 56 -
..-.--..
FIGURE 1
GALLATIN COUNTY MINIMUM ROAD STANDARDS
28 n. VIOC - 'J IN. OCPTH IT (, IN. HII<<JS S(LCCTtD PIT I!\.tI SlRfACING
<28 n.>
.
zr. n. VIDt - 3 IN. OCPTH IT I IN. HIllIS ROt\DHIX
( I n. SI01.OCR VIDTH HINIIU! ~ tACH SIOC [f ROAD.>
<2(, n.>
. 24 n. VIOC ~ 3 IN. CDf'ACTtD ASPHAI. T PLANT "IX.
(CR!IVN .D2 r u r tJ
<24 fT.>
I
,
V ARIABLt BACKSLIJ't
/
I
I
ctNTCRLJIf:
SU&r,AA1( aK'ACTI~ - S[t SPeCIAL PROVISIONS
Et~llf:tR INSI'[CTI[JI AND VRITTtH N'PRIJVAl RtIXJIRtD IIN tACH [f TII: fIl.LDVIN:;
(I) SUBGRAOC AND DITCll:S.
(2) aK'ACTtD PIT I!\.tI SURfACING, (,' HINUS-
(3) CDHPACTtD CRUSf<D T[]I SUlfACING TYP[ 'A', I' HI NUS
,
(4) rJNISII:D RDAD'JA Y AND STR[tT SIGNS,
CHAPTER 16.18
ENVIRONMENTAL ASSESSMENT
16,18.010 General.
. Pursuant to Section 76-3-504(1), M.C.A., it shall be the responsibility of the subdivider to
submit the information required by this section with the preliminary plat.
16.18.020 Environmental Assessment.
The environmental assessment shall include the following required information.
A. Maior Subdivision:
1, A description of every body or stream of surface water that may be
affected by the proposed subdivision, together with available ground
water information, and a description of the topography, vegetation, and
wildlife use within the area of the proposed subdivision;
2. A summary of the probable impacts of the proposed subdivision based
on the criteria described in Section 76-3-608, M.C.A.
3. A community impact report containing a statement of anticipated needs
of the proposed subdivision for local services, including education and
busing; roads and maintenance; water, sewage, and solid waste
facilities; fire and police protection; and
. 4. Additional relevant and reasonable information related to the applicable
regulatory criteria adopted under Section 76-3-501, M.C,A.
B. Second or Subseauent Minor Subdivision: In lieu of a complete environmental
assessment, a summary of the probable impacts of the proposed subdivision based
on the criteria described in Section 76-3-608, M.C.A. shall be submitted with the
preliminary plat application.
~ 57 -
-.--..-'. - ---
16.18.030 Environmental assessment contents.
A. Surface Water:
1. MaDDing. Locate on a plat overlay or sketch map all surface waters and
the delineated flood ways which may affect or be affected by the
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. Descriotion. 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 stream bank
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 by a
certified consultant, using the U.S. Army Corps of Engineers Wetlands
Manual. When any construction or changes are proposed in or around
the wetlands, a 404 permit shall be obtained from the U.S. Army Corps
of Engineers, and a copy
of the permit submitted with the
Environmental Assessment. If a permit has not yet been issued by the
. Corps, a letter from the Corps indicating the viability of obtaining the
permit shall be submitted with the Environmental Assessment.
S. Groundwater.
1. Deoth. 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. Steos to Avoid Dearadation. Describe any steps necessary to avoid the
degradation of groundwater and groundwater recharge areas.
C. Geoloav - Soils - SloDes:
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.
- 58 -
-
4. Soils Mac. 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 indicated on
a plat overlay or sketch map. Where cuts or fills are necessary,
describe any plans to prevent erosion and to promote revegetation such
as replacement of topsoil and grading.
D. Veaetation.
1. Veaetation Mac. 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. Scecies. 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.
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).
~ 59 -
-.---,._~ - -.- -..-...--." -
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 stat
ement 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 Imcact.
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.)
16.18.040 Summary of the probable impacts.
. A summary of the probable impacts on the review criteria established in these Regulations
shall be provided in the Environmental Assessment as follows:
A. The Effect on Aariculture and Procosed Mitiaation of Imcacts.
1. Number of acres in production and type of production.
2. Agricultural operations in the vicinity.
3. Additional information as needed.
B. The Effect on Aaricultural Water User Facilities and Procosed Mitiaation of Imcacts.
1. Type, description, ownership, and users of facilities.
2. Additional information as needed.
C. The Effect on Local Services and Procosed Mitiaation of Imcacts.
1. Methods of water supply and sewage disposal.
. 2. Provision of law enforcement services and fire protection services, and
projected costs to providers.
3. Costs of upgrading or extending off-site public streets and roads. Costs
of annual street and road maintenance.
4. Provision of educational services and projected costs to providers.
5. Current amount of local property taxes, projected amount the land and
improvements will pay in local property taxes.
6. Provision of utilities and easements.
- 60.
7. Additional information as needed.
D. The Effect on the Natural Environment and Prooosed Mitiaation of Imoacts.
1. Street/road drainage and erosion.
2. Terrain and surface runoff effects.
3. Grading and drainage plan. including stormwater facility maintenance
plan.
. 4. Effects on native vegetation, soils, quality or quantity of surface or
ground waters.
5. Weed control.
6. Additional information as needed.
E. The Effect on Wildlife and Wildlife Habitat and Prooosed Mitiaation of Imoacts.
1. Proximity to area of significant wildlife habitat or critical wildlife areas.
2. Expected effects of pets and human activity on wildlife.
3. Effects on fisheries.
4. Effects on public access to public lands, trails, hunting or fishing areas.
5. Additional information as needed.
F. The Effect on Public Health and Safety and Prooosed Mitiaation of Imoacts.
. 1. Potential natural hazards; flooding, snow. mud, or rock slides, high
winds. wildfire. excessive slope, etc.
2. Potential man~made hazards; high voltage power lines. high pressure
gas lines, nearby industrial or mining activity. high traffic volumes. lack
of fire protection. inadequate traffic safety. etc.
3. Additional information as needed.
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 SUDDlv.
1. Descriotion of Use. Describe how water will be provided for household
use and fire protection.
2. Caoacitv. 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 Svstem. If the subdivider proposes to connect to an
existing water system:
a. Identify and describe that system.
~ 61 .
--.,..,........-...._.
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 Svstem. 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 Svstem. 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 DisDosal.
1. Method. Describe the proposed method of sewage disposal.
. 2. Cacacitv. 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:
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.
- 62 -
-. --.-. . _.u_
-- -
-
c. Provide evidence that the sewer supply is adequate in capacity,
quality, and dependability.
C. Solid Waste Diseosal.
1. Collector Svstem. 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. Descrietion. 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 Existina 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 Trio 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.
b. Traffic Graohics, which show:
( i) AM peak hour site traffic;
(ii) PM peak hour site traffic;
(iii) AM peak hour total traffic;
- 63 -
(iv) PM peak hour total traffic;
(v) Total daily traffic (with site generated traffic shown separately).
c. AM and PM Caoacitv 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
. (ij) All arterial-arterial, collector-collector, and
arterial-
collector inter- sections 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) Intersection level of service "C" shall be the design
objective, and under no conditions will less than level of
service "0" be accepted for site operations. Arterial
intersections and turning operations shall operate at level
of service "C". If level of service "E" is the result of the
study, then alternatives of providing level of service "0"
shall be analyzed and included as part of the study.
Generally, the design year will be approximately 15 years
following construction.
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.
( 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. CaDacitv . 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.
- 64 -
--- .- --
._~ ...... ..--
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 Descriction 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.
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.
-
65 -
_n_
---...
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.
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.
- 66 -
2. Existina Taxes. Describe any existing tax and existing or proposed
special assessments which will affect the subdivision.
3. Anticicated 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.
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.
16.18.060 Exemption from preparation of environmental assessment.
A. Pursuant to Section 76-3-210, M.C.A., the
requirement for preparing an
. environmental assessment shall be waived when:
1. The proposed subdivision is totally within an area covered by a master
plan adopted pursuant to Title 76, Chapter 1, MCA, wherein zoning
regulations AND a long-range development program of public works'
projects pursuant to Sections 76~2-201 and 76-1-601, MCA, have been
adopted.
2. The proposed subdivision is the first minor subdivision from a tract of
record.
- 67 -
. -.
-..---
B. The planning board may exempt the subdivider from the completion of all or any
portion of the environmental assessment when:
1. The subdivision is proposed in an area for which a master plan has been
adopted and the proposed subdivision will be in compliance with the
plan; or
2. The subdivision will contain fewer than 10 parcels and less than 20
acres.
. If such a waiver is desired, the subdivider must request the waiver as a
part of the pre-application process.
When such an exemption is granted, the planning board shall prepare
and certify a written statement of the reasons for granting the
exemption. A copy of this statement shall accompany the preliminary
plat of the subdivision when it is submitted for review.
CHAPTER 16.20
FLOOD HAZARD EV ALUA TION
16.20.010 General.
Land subject to being flooded by a flood of one hundred (100) year frequency as defined by
Title 76, Chapter 5, M.C.A., or land deemed to be subject to flooding by the appropriate governing
body, shall not be subdivided for building or residential purposes, or other uses that may increase
or aggravate flood hazards to life, health or welfare, or that may be prohibited by state or local
. floodplain or flood way regulations.
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 flood way delineation study of the watercourse has been
made, the subdivider shall provide in detail the calculated 1 DO-year frequency water surface
elevations and/or 1 OO-year floodplain boundaries. This detailed information shall be performed by
a licensed professional engineer experienced in this field of work.
A. Submission of Recort: This information shall be submitted at the time of preliminary
plat application. This information 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.
16.20.030 Survey data.
The survey data to be submitted to the Water Resources Division, Department of Natural
Resources and Conservation, shall include:
A. Contours: A copy of the plat showing contour intervals.
- 68 -
--- ---~.
B. Benchmark: The location and elevation of a temporary benchmark established within
the subdivision and referenced to mean sea level with appropriate elevation
adjustment.
C. Cross Sections: a minimum of four (4) surveyed valley cross sections of the stream
according to the following requirements:
. 1. Cross sections shall include the stream channel and floodplain on both
banks.
2. One cross section shall be taken at a point on the stream from which it
could be extended through the subdivision.
3. Three (3) cross sections shall
be taken downstream from the
subdivision, each approximately 1,000 feet apart, but in no case may
the vertical drop between cross sections exceed five (5) feet. The cross
section farthest downstream should be located at a natural construction
or bridge crossing. Cross sections shall be taken at any bridge location
between the subdivision and lowest cross section.
4. Distances between cross sections are to be determined by stadia, and
these distances and locations of cross sections shall be shown on the
location map.
5. The overbank cross sections are to be extended to obtain a vertical rise
of fifteen (15) feet above the water surface.
**NOTE: Photog ram metric methods may be used in lieu of cross
sections whenever appropriate and when reviewed and approved by the
. City or County.
D. Foot Mark: If a U.S. Geological Survey gauging station is within the reach of the
stream under study, the elevation of any convenient foot mark surveyed and clearly
indicated on the location map.
E. Bridges: Descriptions and sketched of all bridges within the reach, showing
unobstructed waterway openings and elevations.
F. Water Surface: Elevations of the water surface determined by survey as part of each
valley cross section.
G. Profiles: A profile sheet prepared on cross section paper of ten (10) divisions to the
inch, showing the observed water surface profile, location of cross section,
subdivision boundaries, riverbank profile, and thalweg (lowest point of the channel
bottom along the reach of stream.)
. H. Location: A location map, such as a U.S. Geological Survey 7 Y2 minute quad or
similar map, showing the proposed subdivision, the locations of the valley cross
section, and any gauging station.
16.20.040 Cross section scale.
Cross sections shall be plotted on cross section paper of ten (10) divisions to the inch using
any convenient, identified scale for vertical and horizontal distance.
- 69 -
.-.
'--'-~_.~.
-
16.20.050 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 available data indicate that the proposed subdivision is not in the flood
hazard area.
. CHAPTER 16.22
IMPROVEMENTS
16.22.010 Improvements.
A. General: It shall be the responsibility of the subdivider to comply with the following
procedures and standards for the installation of subdivision improvements.
B. Plans and Scecifications: Engineering and survey plans, specifications and reports
required in connection with public improvements and other elements of the
subdivision required by the appropriate governing body shall be prepared by a
registered engineer or a registered land surveyor, licensed in the State of Montana,
as their respective licensing laws allow.
C. ScoDe of Work: The intent of these Subdivision Regulations is to provide standards
. by which the contractor and the
subdivider shall execute their respective
responsibilities and guarantee proper construction and completion in every detail of
the work in accordance with the plans, specifications and terms set forth under these
Regulations.
The subdivider shall furnish the plans, specifications and typical sections for approval
by the County Road Office or City Engineer, as applicable. It shall be understood that
the work to be done will not necessarily be limited to within the right-of-way
boundaries.
The appropriate governing body shall have authority to make or cause to be made any
reasonable changes, alterations, amendments and
additions to the standard
specifications for infrastructure improvements.
D. Control of Work: During the course of construction, and at the completion of each
. phase of the project, the subdivider's registered civil engineer shall submit a statement
that the improvements have been inspected and found to have been constructed in
accordance with the approved plans and specifications. Prior to making any changes,
the subdivider's engineer shall notify and receive written approval or disapproval from
the City Engineer or County Road Office, whichever is appropriate, for any changes
in approved plans and specifications.
- 70 -
--.-
--".-
.-.-
- ~ .-_.~. .----
E. Protection of Existina ImDrovements: The subdivider, his contractors, and suppliers
shall be jointly and severally responsible to ensure that existing improvements are not
damaged or rendered less useful by the operation of the subdivider, his contractors,
or suppliers. This provision is intended to preclude damage to existing roads, water,
sewer, and drainage systems. The appropriate governing body may instruct the
. subdivider as to the streets or roads to be used for access by construction equipment,
and the subdivider shall be responsible for enforcement of this instruction upon his
contractors and their suppliers. The appropriate governing body may require the
subdivider to post a surety to guarantee repair of damages.
, 6.22.020 Improvement procedures.
A. ImDrovement Procedure: After the preliminary plat has received approval or
conditional approval and before the Final Plat is submitted, the subdivider shall either
install the required improvements or enter into an agreement with the appropriate
governing body guaranteeing the installation and performance of the improvements.
If the subdivider plans to utilize an Improvements Agreement, the Agreement!TI.!.!.ID. be
submitted with the Preliminary Plat application for review and approval by the
. appropriate governing body.
The following procedure for approval of the improvement plans and specifications
shall be completed before installation of improvements or the entering into of an
Agreement where collateral is to be provided for the completion of the improvements:
1. Submittal. Engineering plans and specifications for all improvements
required by these Regulations shall be submitted to the City Engineer's
Office and/or County Road Office, and to the State Department of
Environmental Quality, as appropriate.
2. Review. Plans and specifications shall be locally reviewed by the:
a. City Engineer and/or County Road Office, to ascertain that the
engineering plans and specifications meet the requirements of
these Regulations and other adopted rules and regulations. When
determined by the City Engineer or County Road Office to be
necessary, the plans and specifications shall also be submitted
for review to:
(i) Planning Office, to ascertain that there have been no
. significant deviations
from the preliminary plat, as
approved.
( ii) Other affected local agencies and utilities.
b. County Health Department, to review sanitary facilities which will
not be connected to a public system.
3. Comments and Recommendations. Written
comments and
recommendations from the local reviewing agencies shall be forwarded
to either the City Engineer or County Road Office.
4. ACDroval. After comments and recommendations have been received
from local agencies and a certificate of approval of sanitary facilities has
- 71 -
been received from the State Department of Environmental Quality, the
appropriate governing body shall either give approval in a printed or
stamped certificate on the plans and specifications or shall inform the
subdivider in writing as to what additional requirements must be met to
receive approval.
5. Pre-Construction Meetina. Prior to beginning construction of required
infrastructure improvements, the subdivider or a representative, the
subdivider's engineer, and the
contractor who will install the
improvements shall meet with representatives of the City Engineering
. and/or County Road Office to ensure that improvements will be installed
in accordance with approved plans and specifications. The following
information, as appropriate, must be provided to the City Engineer or
County Road Office by the subdivider prior to or at the time of the pre-
construction meeting:
a. DEQ, Road Office, and/or City Engineer approval of plans and
specifications
b. Executed Easements
c. Abandoned Easements
d. Shop/Fabrication Drawings (must be submitted two (2) days prior
to pre-construction meeting)
e. Traffic Control Plan (must be submitted one (1) week prior to pre-
construction meeting)
f. Copy of Contractor's Performance and Payment Bonds, and
insurance.
. g. Permits, to include, but not be limited to:
- Dewatering Discharge Permit (MDEQ)
- 310 Permit (NRCS/FWP)
- 404 Permit (Corps)
- Stormwater Control Permit (MDEQ)
- Street Cut Permit (City of Bozeman/County/State)
- Utility Occupancy Permit (MDOT/County)
- Flood Plain (City/County)
, 6.22.030 Completion of improvements.
A. General: Improvements shall be installed in accordance with the approved plans and
specifications by the subdivider, and certified by a registered professional civil
engineer, licensed in the State of Montana, and accepted by the City and/or County
prior to the approval of the final plat, or in accordance with the terms of an executed
Improvements Agreement.
S. Comcletion Time: Construction of all subdivision improvements, as approved by the
. City Engineer or County Road Office, shall be completed prior to construction of any
buildings on new lots within the subdivision. This requirement may be modified by
the appropriate governing body's reviewing engineer for streets where dictated by
circumstances, and where acceptable improvement security
for the ultimate
development of the streets is provided. However, under no circumstances shall the
required gravel courses be waived.
- 72 -
C. Sanitary Facilities: Water supply, sewage disposal and solid waste disposal systems
shall meet the minimum standards of the Montana Department of Water Quality as
required by Title 76, Chapter 4, M.C.A., and regulations adopted pursuant thereto,
and are subject to the approval of the appropriate governing body.
Where each lot in a subdivision is being served by an individual sanitary system, it
. shall not be necessary to install the system before final plat approval is given. Rather,
appropriate permits must be obtained from the County Environmental Health
Department prior to such time as when the system is to be installed.
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. Under no circumstances will
an Improvements Agreement be permitted for the installation of water and sewer
infrastructure necessary to serve the subdivision, as these improvements must be
installed and accepted before the final plat can be filed. Further, no building permits
will be issued within the City's building permit jurisdiction until all water, sewer and
. paving infrastructure is 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. 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
,
I I I
I
- -'~., . :;wIr"-,..
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.
16.22.050 Acceptance of improvements.
A. AcceDtance of Subdivision Streets. Roads and Bridees to the Citv or Countv Road
Svstem: Before any subdivision street. road or bridge can be accepted into the City
. or County Road System by the appropriate governing body, it shall be built to meet
or exceed the required standards. Existing county roads or bridges shall be improved
to meet or exceed the standards set by the County prior to petition for acceptance of
such road.
1. Record Drawinas. Record drawings of
all public infrastructure
improvements constructed within the City of Bozeman. drawn to the
specifications required by the City Engineering Office. shall be submitted
prior to final plat approval. per ARM 8.94.3003(3.g).
2. Maintenance of Countv Roads and Bridaes. If a subdivision road or
bridge in a subdivision outside City limits has been built to a paved
standard approved by the County Road Office, and the appropriate steps
have been taken resulting in the County Commission accepting such
facility into the County Road system, the County will then accept
responsibility for maintenance and snow removal of that subdivision road
or bridge.
B. Countv Road and Bridee AcceDtance Procedure:
. 1. No road or bridge in a subdivision shall become a part of the County
Road system unless the County Commission are petitioned. as provided
by law, by the freeholders to accept such facilities as part of the County
Road system.
2. Upon receiving the petition, the County Commission will set a date for
a hearing.
3. All freeholders signing the petition and living on the road will be notified
by registered mail of the date of the hearing.
4. After the hearing, each freeholder will be notified by registered mail as
to the course of action taken by the County Commission.
5. Acceptance of any subdivision road or bridge shall be made by resolution
and entered into the minutes of the proceedings of the County
Commission in session on that date. Upon acceptance, said road shall
be assigned an appropriate name or number. The County Commission
shall exercise extreme precaution not to burden the County with various
duties, expense, and liabilities subsequent to this acceptance.
C. Previouslv Recorded Subdivisions: Roads and bridges in previously recorded
. subdivisions may become part of the County Road system if accepted by the same
procedure as set forth in this section.
CHAPTER 16.24
PLANNED UNIT DEVELOPMENT
16.24.010 Intent.
The intent of this chapter is to provide flexibility in some of the design standards of Chapters
- 74 -
.. -- --
on - -- ...-.-. --- --~- --- ---
16.14 and 16.16, and promote innovation in development design and land utilization. By using
a concept which clusters development, subdivisions may be planned so as to promote creativity
in subdivision design; provide economies in the supply of public services; enhance and preserve
open space and unique natural features; and enable the planning of a tract for a single use or for
a harmonious combination of uses, such as a mixture of residential and commercial. All Planned
. Unit Developments shall comply with applicable zoning regulations.
16.24.020 Procedures and submittal.
The subdivision procedures as outlined in these Regulations shall be followed, with the
submittal of the following additional information.
A. Preaoolication Plan:
1. A layout plan showing the proposed location and use of lots and
structures and the location and number of parking spaces, if appropriate.
2. A description of measures to be taken to assure permanence and
maintenance of open space and other facilities to be under common
ownership.
3. A description of all proposed waivers or modifications from the Design
Standards.
4. Any additional, reasonable information.
. B. Preliminarv Plat:
1. A schedule showing the time when improvements required by these
Regulations will be completed where a plan calls for a development time
of eighteen (18) months or more for improvements.
2. If common property is to be deeded to a property owner's association,
the subdivider shall establish a property owner's association and submit
a draft of all covenants and legal documents which will govern the
association.
3. A description of all proposed waivers or modifications from the Design
Standards of these Regulations.
4. Any additional information found to be necessary during Pre-application
Plan review.
16.24.030 PUD criteria.
The appropriate governing bOdy may establish or approve a PUD and waive or modify the
Design Standards of Chapters 16.14 and 16.16 for lots, blocks, roads, and parks if the following
. criteria are met or exceeded.
A. General: The plan shall conform to the intended purposes of these Regulations, the
special intent of this section, and one or more of the following:
1. Preserve to the maximum extent possible the natural characteristics of
the land; including topography, vegetation, streams and other bodies of
water.
2. Preserve productive agricultural land.
- 75 ~
---
-.--- ....- ---
3. Protect important historic sites, structures, or areas of important wildlife
habitat.
4. Provide economies in the provision of roads and public improvements.
B. Site Size: The total site size, as measured by the boundary perimeter of the PUD,
shall be appropriate to the proposed area and design.
C. Ocen Soace: Each PUD shall provide an area for dedicated park and/or common open
. space appropriate in size to the proposed development and design; however, such
area shall not be less than the amount of land required to be dedicated under Chapter
16.14.090 for the area of the subdivision, exclusive of all other dedications.
D. Landscacina: Landscaping may be required between building sites or on the PUD
perimeter where the appropriate governing body deems it necessary to provide buffer
screening between different land uses.
E. Parkina Area: Adequate parking area shall be required for the proposed uses of the
development, as determined appropriate by all applicable zoning regulations or the
appropriate governing body.
F. Streets: Streets within the subdivision shall be open to the public; however, private
streets may be allowed by the appropriate governing body under the following
. circumstances. Any internal street not meeting the standards of Chapter 16.16.080
of these Regulations shall be a private street.
1. Collector roads designed to furnish access to adjacent areas are
dedicated.
2. Adequate responsibility for the improvement and maintenance of private
roads is assumed by the land owners association.
3. Subdivision street improvement specifications are in compliance with
these regulations.
G. Other Reaulations: Where there are other ordinances or regulations which require
compliance to PUD or other minimum standards, this section does not authorize the
appropriate governing body to waive or modify such ordinances or regulations.
CHAPTER 16.26
SUBDIVISIONS CREATED BY RENT OR LEASE OR CONDOMINIUMS
. 16.26.010 General.
Subdivisions created by rent or lease (Le., mobile home parks) and condominiums are exempt
from the survey requirements of these Regulations, but must be submitted for review and be
approved before possession of any portion thereof may be conveyed in any manner.
16.26.020 Procedure.
The procedures as outlined in Chapter 16.08, Review Procedures for Major Subdivisions, shall
- 76 .
. '--.......- . . - ._~.~. -
.--.-... ----.------.-
be followed except as follows:
A. Final Aooroval Procedure:
1. The subdivider shall submit an original and three (3) copies of the plan,
with required revisions, together with all 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, Le., 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 thirty (30)
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 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. Boundarv 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.)
- 77 -
--.-.---..--...
.-._~ ...---
16.26.030 Standards for mobile home parks and recreational vehicle parks.
The Design Standards of Chapters 16.14 and 16. 1 6 of these Regulations shall be complied
with, except where otherwise noted below.
A. Scace 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 Width 50 feet 1 5 feet
c. Minimum Stand Size 12' x 60', single 8 feet in width
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 ---
· rear to rear 1 5 feet ---
f. Parking Spaces (9'x
20'):
· Each Mobile Space 2 spaces 1 space
· For every 4 mobile 1 space ---
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
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 --.
· public roads 25 feet 25 feet
e. Distance between
Stands from:
· side to side 25 feet ---
· rear to rear 1 5 feet ---
- 78 -
f. Parking Spaces (9' x
20'):
· for each mobile space 2 spaces 1 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 the ground with a suitable means prior to submittal of the plan for
final approval.
6. Stand 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.
7. Tie.Downs: Mobile home stands shall be equipped with anchors or tie.
downs in conformance with the Uniform Building Code.
8. Parkina SDaces: 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.
9. 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.
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.
S. 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.ot.way in excess ot the improved street or road width, except
for public streets which extend through the subdivision.
. 79 .
.--- ~~'_
..........
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 IINo 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 IINo 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
subdivisions within City limits, sidewalks shall be installed on both sides
of the public street.
4. Primarv Access: Mobile home and recreational vehicle parks shall have
direct access to a designated collector or arterial street or road. All
offsite 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, Le.,
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-Wav: 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.
1. 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
-
80 -
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 Emeraencv 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 Deliverv. 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. Landscacina. 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 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 Accessibilitv 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
. 81 -
_____n.__
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. Storaae 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.
, 6.26.040 Standards for condominiums.
A. Condominium developments shall meet the minimum standards of the Montana
Department of Environmental Quality, adopted pursuant to Title 76, Chapter 4,
M.C.A.
B. The Design Standards of Chapters 16.14 and 16.16 of these Regulations shall be
complied with, as applicable, except where noted below.
1. Exemotions: Subdivision review and approval requirements shall not
apply where:
a. Condominium buildings are being constructed on land divided in
compliance with the Montana Subdivision and Platting Act; OR
. b. An adopted zoning ordinance permits multiple family use of the
density proposed on the property proposed for development,
when that property is part of an approved and filed subdivision,
the approval of which was based on the anticipated construction
of multi-family developments.
C. Street and Road Desian. Private or public streets or roads, which are improved in
accordance with these Regulations, shall provide access to the development. Internal
private streets or drive accesses shall be a minimum of 24-feet in width, when no
allowance for on-street parking is provided. If parking is provided on a private street
within the development, the standards of Chapter 16.26.030 shall be met.
1. Private Streets: 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.
a. All private streets or driveways for condominium developments
. 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.
2. Public Streets: Public Streets that extend through the development shall
be dedicated to the public either through the minor subdivision process
or by written easement. Public streets within the development shall be
constructed to City or County
standards, as appropriate. For
- 82 -
7'--
..:...-
subdivisions within City limits, sidewalks shall be installed on both sides
of the public street.
D. Second or Emerqencv Access: To facilitate traffic, the provision of emergency
services, and the placement of utility easements, a second means of access may be
required by the appropriate governing body, if deemed necessary.
E. Mail Deliverv: If mail delivery will not be to each unit, the development shall provide
. an off-road area for mail delivery within the development in cooperation with the
United States Postal Service.
F. Unit OwnershiD Act: Condominium development shall comply with all provisions of
the Unit Ownership Act, Section 70-23-102 through 70-23-703, M. C.A., and all
regulations adopted pursuant thereto.
G. Other Reauirements: The subdivider shall comply with all other standards and
requirements of these Regulations and other
local and state regulations.
Condominium applications shall, at a minimum, show the proposed location of
buildings, snow storage, parking, and internal access. All developments must comply
with applicable zoning regulations.
. CHAPTER 16.28
SUBDIVISION EXEMPTIONS
16.28.010 Purpose and general guidelines.
The State of Montana provides that certain divisions of land, which would otherwise
constitute subdivisions, are exempt from local subdivision review and approval, unless the
transactions are an attempt to evade the Montana Subdivision and Platting Act, Section 76-3-101
et.seq., M.C.A., hereinafter referred to as "the Act".
Each newly created parcel less than 160 acres shall have a certificate of exemption, unless
reviewed as a subdivision.
These regulations shall not be applicable to deeds, contracts, leases, or other conveyances
executed prior to July 1, 1974.
An exemption may not be made under this section, except for Security for Construction
. Financing and Court Orders, unless the County Treasurer has certified that all real property taxes
and special assessments assessed and levied on the land to be divided have been paid.
The following procedures, criteria, and requirements shall be used to review an exemption
from subdivision review and to determine whether the division of land is for the purpose of evading
the Montana Subdivision and Platting Act.
16.28.020 Procedures and general requirements.
The appropriate governing body designates the City-County Planning Office as its agent for
- 83 -
---
.....,,~.. oJ'
the purposes of these regulations. All certificates of surveyor amended subdivision plats claiming
an exemption shall be submitted to the Planning Office. The procedures and requirements of these
regulations are limited to the exemptions specified in these regulations.
A. Submittal. A claimant seeking an exemption under the Act and these regulations shall
submit a claim on the appropriate application form, including a signed certificate of
. exemption, together with evidence to support the claim and any other information
required by these regulations to the Planning Office. Four (4) paper copies of the
Certificate of Surveyor Amended Plat shall be submitted with the claim and shall be
folded to fit in a standard 8-1/2" X 11" or 8.1/2" x 14" folder.
B. Review. The Planning Office, the Gallatin County Clerk and Recorder, and the City
or County Attorney's Office, as appropriate, will review the claimed exemption.
During this review, the Planning Office personnel will include a personal visit to the
proposed site, understand thoroughly the nature of all activity occurring on the site,
and shall identify any existing or potential zoning conflicts. The Planning Office shall
make a report to the appropriate governing body, which shall also be made available
to the claimant or the claimant's representative.
1. For Exemvtions Claimed Outside City Limits. A hearing shall be set
. before the County Commission for their review of the submittal. The
claimant or the claimant's representative shall be notified of the date and
time of the hearing provided for in these regulations. The claimant may
request a continuance of the hearing.
a. At the hearing, the claimant may present evidence in support of
the exemption. The County Commission shall allow or disallow
the exemption within thirty (30) days of its submission to the
planning office, unless the claimimt has requested or granted a
continuance of the hearing, in which case this time limit shall not
apply.
2. For Exemvtions Claimed Inside Citv Limits. The City Commission shall
review the submittal at a regular meeting. The claimant or the
claimant's representative shall be notified of the date and time of the
meeting. The claimant may request a continuance of the meeting.
a. At the meeting, the claimant may present evidence in support of
the exemption. The City Commission shall allow or disallow the
exemption within thirty (30) days of its submission to the
planning office, unless the claimant has requested or granted a
continuance of the hearing, in which case this time limits shall
. not apply. If the exemption is approved, the Director of Public
Service shall so certify in a printed certificate on the plat/C.O.S.
3. In assessing the claimant's purpose for the exemption, the appropriate
governing body will evaluate all relevant circumstances including the
nature of the claimant's business, the prior history of the particular tract
in question, and the proposed configuration of the tract. if the proposed
exemption transactions are completed.
4. Where a rebuttable presumption is declared in these regulations, the
presumption may be overcome by the claimant with evidence contrary
to the presumption. If the appropriate governing body concludes that
the evidence overcomes the presumption and that from all the
- 84 -
----.--.---- ----..--.---------....-- ...-..--.- -...------..
.-
- - "-"--'.- ~ -. ".-..-
circumstances the exemption is justified, the exemption will be allowed.
On the other hand, if the appropriate governing body concludes that the
presumption is not overcome and that from all the circumstances the
exemption is not justified, the exemption will be disallowed.
5. If the exemption is allowed, the appropriate governing body shall so
certify in a printed certificate on the certificate of surveyor amended
plat.
6. If the exemption is disallowed, the appropriate governing body shall
. provide written notification of its decision to the person claiming the
exemption, and to the Gallatin County Clerk and Recorder.
C. Filina Reauirements. A certificate of surveyor an amended plat of a division of land
which is exempt from review must be filed within one hundred eighty (180) days of
the completion of the survey. It may not be filed by the Gallatin County Clerk and
Recorder unless it complies with the following requirements:
1. It must bear the certificate of the person having the recorded interest
claiming the exemption stating that the division of land is exempted
from review as a subdivision and citing the applicable exemption.
2. Certificates of survey and amended plats shall be legibly drawn with
permanent ink or printed or reproduced by a process guaranteeing a
permanent record and shall be 18-inches by 24-inches overall, to include
a 1 Y2 .inch margin on the binding side.
3. For certificates of surveyor amended plats within City Limits and the
zoning jurisdictional boundary of the City of Bozeman, two signed cloth
. back or opaque mylar copy and two signed reproducible copies on a
stable base polyester film or equivalent, and one digital copy of the
survey on a 3Y2.inch DS/DD disk shall be submitted.
4. For certificates of surveyor amended plats outside the City Limits and
outside the zoning jurisdictional boundary of the City of Bozeman, but
within the Planning jurisdictional boundary of the Bozeman City-County
Planning Board, one signed cloth back, or equivalent, one signed
reproducible copy on a stable base polyester film, or equivalent, and one
digital copy of the survey on a 3 Y2 -inch DS/DD disk shall be submitted.
5. Whenever more than one sheet must be used to accurately portray the
land subdivided, each sheet must show the number of that sheet and
the total number of sheets included. All certification shall be shown or
referenced on one sheet.
6. The certificate of surveyor amended plat shall show or contain on its
face or on separate sheets referenced on its face, the following
information only:
a. A title block including the quarter section, section, township,
range, principal meridian, county, and state of the surveyed land.
Space shall be provided on the certificate of surveyor amended
. plat for Clerk and Recorder's filing information. A certificate of
survey shall not bear the title "plat", "subdivision", or any other
title other than "Certificate of Survey".
b. Name(s) of the owner(s) of the land surveyed and the names of
any adjoining platting subdivisions and numbers of any adjoining
certificates of survey previously recorded and ties thereto.
c. Date survey was completed and a brief description of why the
certificate of surveyor amended plat was prepared.
. 85 -
-----
d. North point and scale bar. Scale shall be sufficient to legibly
represent the required data on the certificate of surveyor
amended plat submitted for filing.
e. All monuments found, set, reset, replaced or removed describing
their kind, size, location and giving other data related thereto.
f. The location of any corners of sections or divisions of sections
pertinent to the survey.
. g. Witness monuments, basis of bearing, bearings and length of
lines.
h. The bearings, distances and curve data of all perimeter boundary
lines shall be indicated. When the parcel surveyed is bounded by
an irregular shoreline or a body of water, the bearings and
distances of a meander traverse shall be given.
I. Data on all curves sufficient to enable the re-establishment of the
curves on the ground. These data shall include:
( i) Radius of curve.
( ii) Arc length.
Wi) Degree of curve.
(iv) Notation of non-tangent curves.
j. Lengths of all lines shown to at least tenths of a foot, and all
angles and bearings shown to at least the nearest minute.
. k. A metes and bounds description of the perimeter boundary of the
tract surveyed.
I. All parcels created by the survey, designated by number or letter,
and the dimensions and area of each parcel. (Excepted parcels
shall be marked "Not included in this survey".)
m. 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 certificate of surveyor amended plat has
been prepared in conformance with the Montana Subdivision and
Platting Act (Sections 76-3-101 through 76-3-614, M.C.A.), and
the regulations adopted pursuant thereto.
n. Memorandum of oaths administered pursuant
to Section
76-3-405, M.C.A.
16.28.030 Procedures for filing certificates of survey of divisions of land entirely exempted from
the requirements of the act.
The divisions of land described in Sections 76-3-201 (court order, security for construction
mortgages, mineral interest, cemetery lots, life estate, lease or rent for ag purposes), 76-3-205
. (state owned lands), and 76-3-209 (state highways), M.C.A., are not required to be surveyed nor
must a certificate of surveyor subdivision plat thereof be filed with the Clerk and Recorder. A
certificate of survey of such a division may, however, be filed with the Clerk if it meets the
requirements for form and content for certificates contained in this section and bears a certificate
of the surveyor performing the survey stating the applicable exemption from the Act.
- 86 -
. --......-.- .--
, 6.28.040 Specific exemptions.
A. Exemctions as a Gift or Sale to a Member of the Immediate Familv.
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 pa"rcel 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. Aaricultural Exemction.
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
subdivision. A restriction or requirement on the original platted
lot or original unplatted parcel continues to apply to those areas.
- 87 -
------------------ --
- --
2. A Certificate of Survey for the relocation of common boundary lines may
include five or fewer parcels andlor 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. Aaaregation of Lots andlor 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 andlor 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 andlor 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).
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 ore more lots are effected 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
- 88 .
.--- . .------
subdivision and approved by the appropriate governing body prior to the
filing of the final plat.
E. Securitv 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.
16.28.050 Correction of errors.
Correction of errors may be made by the submission of a corrected certificate of survey for
the appropriate governing body's approval.
CHAPTER 16.30
ADMINISTRA TIVE PROVISIONS
. 16.30.010 Variances.
The appropriate governing body may grant reasonable variances from the design and
improvement standards of these Regulations where it is found that strict compliance would result
in undue hardship and 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
- 89 -
-....--
~----
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, plac
e 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.
F. Planned Unit Develocment: 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.
16.30.020 Amendments to subdivisions regulations.
A. General: For the purpose of providing for the public health, safety, and general
welfare, the appropriate governing body may amend the provisions of these
Regulations.
- 90 -
..-..
_._..._ ~n. .~ -....--
--~
1. Hearina: Amendments to these Regulations shall not become effective
until after a public hearing has been held before the Planning Board, and
the Board has forwarded a recommendation on the amendments to the
appropriate governing body. The appropriate governing body shall
consider the amendments at a public hearing. Legal notice of both
hearings shall be given in a newspaper of general circulation in the
County not less than fifteen (15) days nor more than thirty (30) days
prior to the date of hearings.
16.30.030 Administration.
. A. Violation: Any person, firm, corporation, or other entity who shall violate the
provisions of these Regulations shall be guilty of a misdemeanor.
B. Penalties: Any violation of the provisions of this ordinance is an offense punishable
by a fine of not less than one hundred dollars ($100.00) nor more than five hundred
dollars ($500.00), or imprisonment in jail for not more than three (3) months, or by
both fine and imprisonment. Each sale or transfer, or offer of sale or transfer, of each
separate parcel of land in violation of any provision of these regulations shall be
deemed a separate and distinct offense.
C. Enforcement: Every final plat must be filed for record with the County Clerk and
Recorder before title to the subdivided land can be sold or transferred in any manner
or offered for sale or transfer.
. If illegal transfers or offers of any manner are made, the City or County Attorney, as
appropriate, may commence action to enjoin further sales or transfers or offers of sale
or transfer and to compel compliance with all provisions of these Regulations, the cost
of such action being imposed against the person or entity committing the illegal act.
D. Review Fee: Review fees shall be paid to the Planning Office for each subdivision plat
reviewed according to the fee schedule approved by the appropriate governing body
under a separate document.
16.30.040 Corrections, Amendments, or Vacation of Recorded Final Plats.
A. Correction of Errors: Correction of errors that, in the opinion of the appropriate
governing body, will not materially alter the plat may be made by the submission of
a corrected final plat for the appropriate governing body's approval. The plat may be
. filed under the procedures for first minor subdivision plats.
The plat shall be entitled "Amended Plat of the (name of subdivision) Subdivision ",
and the reason for the correction shall be stated on the face of the plat.
B. Material Alterations: Amendments that materially alter the final plat, or any portion
thereof, shall be made by the filing of an amended plat showing all alterations. The
amended plat shall be approved by the appropriate governing body under the major
or minor subdivision procedure, as is appropriate. Prior to such approval, the
- 91 -
---
-. --
amended plat shall be reviewed by the Planning Office. The appropriate governing
body may not approve an amendment which will place the plat in non.conformance
with the standards contained herein unless a public hearing is held on the plat and a
written variance from the standards issued pursuant to procedures contained herein
for such variances is granted.
. The plat shall be entitled "Amended Plat of (the name) Subdivision", and the reason
for the amendment shall be stated on the face of the plat.
C. Vacatina Recorded Plats: Any plat prepared and recorded as herein required may be
vacated, in whole or in part, as provided by Sections 7.5.2501, 7.14.2616( 1) and (2),
7.14.2617,7.14.4114(1) and (2), and 7.14.4115, M.C.A. Upon vacation, the
appropriate governing body, or the district court, as provided in Section 7.5.2502,
MCA, shall determine to which properties the title to the streets and alleys of the
vacated portions shall revert. The appropriate governing body, or the district court,
as provided in Section 7.5.2502, shall take into consideration the previous platting;
the manner in which the right.of.way was originally dedicated, granted, or conveyed;
the reasons stated in the petition requesting the vacation; the parties requesting the
. vacation; and any agreements between the adjacent property owners regarding the
use of the vacated area. The title to the streets and alleys of the vacated portions
may revert to one or more of the owners of the properties within the platted area
adjacent to the vacated portions.
When any poleline, pipeline, or any other public or private facility is located in a
vacated street or alley at the time of the reversion of the title to the vacated street
or alley, the owner of the public or private utility facility has an easement over the
vacated land to continue the operation and maintenance of the public or private utility
facility.
16.30.050 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.
A. 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.
. 92 .
--....~..-;;;:..
B. The planning department shall investigate the claim, the accompanying information
and proof, and make a report to the appropriate governing body.
C. Within fifteen (15) days after receipt of the information, the planning department shall
present the report to the appropriate governing body at a regular meeting of the
appropriate governing body. 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.
16.30.060 Changes 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.
A. Procedure: The written request shall be submitted to the planning department.
1. A public hearing shall be scheduled before the appropriate governing
body, and notice of the hearing given, in accordance with the provisions
of these regulations.
2. The appropriate governing body may approve the requested change if it
meets the criteria set forth in these regulations, and shall issue written
findings of fact, as required in these Regulations.
16.30.070 Additional Conditions After Preliminary Plat 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.
16.30.080 Waivers.
The appropriate governing body may grant reasonable waivers from these Regulations where
it is found that these Regulations allow a waiver to be requested and granted.
A. Procedure: The subdivider shall include with the submission of the preliminary plat a
written statement describing the requested waiver and the reasons upon which the
request is based. The appropriate governing body shall then consider each waiver at
the time the preliminary plat is reviewed.
. CHAPTER 16.32
CERTIFICATES
16.32.010 General.
The following certificates shall be shown on plats and certificates of survey, as appropriate.
Other certificates than those shown may be required by the appropriate governing body, when
deemed appropriate. A corporate notary shall be used in place of an individual notary, when
appropriate.
~ 93 -
, 6.32.020 Dedication or consent.
All plats of subdivisions must contain a Certificate of Dedication or Certificate of Consent.
In the case of corporate ownership, the proper corporation officer(s) must sign. a corporate notary
form must be used, and the corporate seal must be affixed. The certificate shall read as follows:
A. Within the comorate citv limits of the Citv of Bozeman:
.
CERTIFICATE OF DEDICATION
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to
be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions
and dedications, as shown by the plat hereunto included, the following described tract of
land, to wit:
Description
(Exterior boundary description of Area Contained
in Plat and total acreage)
The above-described tract of land is to be known and designated as (name of subdivision),
City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues,
alleys, and parks or public squares shown on said plat are hereby granted and donated to the
City of Bozeman for the public use and enjoyment.
DA TED this _ day of ,
-
(Acknowledged and notarized signatures of all record owners of platted property)
.
CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) caused to be
surveyed, subdivided and platted into lots, blocks. streets, and alleys. and other divisions and
dedications, as shown by this plat hereunto included, the following described tract of land. to
wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
The above described tract of land is to be known and designated as (name of subdivision).
City of Bozeman. Gallatin County. Montana.
DATED this _day of . -
(Acknowledged and notarized signatures of all record owners of platted property.)
.
- 94 -
_. -. - - -=' -
B. Within the Unincorcorated Area.
CERTIFICA TE OF DEDICATION
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to
be surveyed, subdivided and platted into lots, blocks, roads, and alleys, and other divisions
and dedications, as shown by the plat hereunto included, the following described tract of
land, to wit:
e Description
(Exterior boundary description of Area Contained
in Plat and total acreage)
The above-described tract of land is to be known and designated as (name of subdivision),
Gallatin County, Montana; and the lands included in all roads, avenues, alleys, and parks or
public squares shown on said plat are hereby granted and donated to the use of the public
forever. The roadways dedicated to the public are accepted for public use, but the County
accepts no responsibility for maintaining the same. The owner{s) agree(s) that the County
has no obligation to maintain the roads hereby dedicated to public use.
DATED this _ day of ,
-
(Acknowledged and notarized signatures of all record owners of platted property)
CERTIFICA TE OF CONSENT
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) caused to be
. surveyed, subdivided and platted into lots, blocks, roads, and alleys, and other divisions and
dedications, as shown by this plat hereunto included, the following described tract of land, to
wit:
Description
(Exterior Boundary Description of Area Contained
in Plat and Total Acreage)
The above described tract of land is to be known and designated as (Name of Subdivision),
Gallatin County, Montana.
DA TED this _ day of ,
-
(Acknowledged and notarized signatures of all record owners of platted property.)
, 6.32.030 Mortgagee.
In those cases where the area being platted or the plat of subdivision is subject to any liens,
mortgages, claims, or other encumbrances by party (ies) or other owner(s), the following certificate
. shall be required:
- 95 -
-..---
-. --.. -~ -~ -,-_. _.
A. Within the Citv limits of the Citv of Bozeman:
CONSENT OF MORTGAGEE(S)
(I), (We), the undersigned mortgagee(s) or encumbrancer(s), do hereby join in and consent to
the described plat, releasing (my) (our) respective liens, claims or encumbrances as to any
portion of said lands now being platted into streets, avenues, parks or other public uses
which are dedicated to the City of Bozeman for the public use and enjoyment.
. DA TED this _ day of ,
-
(Acknowledged and notarized signature of all encumbrancers of record).
B. Within the Unincorcorated Area:
CONSENT OF MORTGAGEE(S)
(1),(We), the undersigned mortgagee(s) or encumbrancer(s), do hereby join in and consent to
the described plat, releasing (my) (our) respective liens, claims or encumbrances as to any
portion of said lands now being platted into roads, avenues, parks or other public uses which
are dedicated to the use of the public forever.
DA TED this _ day of ,
(Acknowledged and notarized signature of all encumbrancers of record).
. 16.32.040 Cash in lieu of park.
Where the park requirements are being waived in lieu of cash, plats of subdivision shall show
the following certificate:
CERTIFICATE ACCEPTING CASH-IN-lIEU-OF PARK DEDICATION
In as much as dedication of park land within the platted area of (Subdivision Name) would be
undesirable for park and playground purposes, it is hereby ordered by the (City Commission of
the City of BozemanHBoard of County Commissioners, Gallatin County, Montana), that land
dedication for park purposes be waived and that cash-in-lieu, in the amount of
dollars, be accepted in accordance with the provisions of the Montana Subdivision and
Platting Act, Section 76-3-101 through 76-3-625, M. C.A., and the Bozeman Area Subdivision
Regulations.
DA TED this day of ,
(Sianature)
(Chairman, Board of County Commissioners)
. OR (City of Bozeman Director of Public Service)
- 96 -
. -.------
--.--.- .-- -..... -. .. _... _ ..._n.._
16.32.050 Surveyor.
All plats of subdivision shall contain a Certificate of Surveyor which shall read as follows:
CERTIFICA TE OF SURVEYOR
I, the undersigned, (Type or Print Name), Registered Land Surveyor, do hereby certify that
. between , , and , , I surveyed (Name of Subdivision),
and platted the same as shown on the accompanying plat and as described in accordance
with the provisions of the Montana Subdivision and Platting Act, Section 76~3~ 101 through
76-3-625, M.C.A., and the Bozeman Area Subdivision Regulations.
DATED this day of ,
(Sianature)
(Printed or Typed Name)
Registration No.
(Seal of Surveyor)
16.32.060 Improvements.
Where improvements are to be installed prior to final plat approval, the plat of subdivision
shall contain a Certificate of Completion of Public Improvements. The certificate shall read as
follows (NOTE: This certificate may be amended to indicate which improvements are NOT
. completed, and are thereby guaranteed by an Improvements Agreement).
A. Within the City Limits of the City of Bozeman:
CERTIFICA TE OF COMPLETION OF IMPROVEMENTS
I (Name of Subdivider), and I (Name of Subdivider's Reaistered Enaineer), a registered
professional engineer licensed to practice in the State of Montana. hereby certify that the
following improvements, required as a condition(s) of approval of (Name of Subdivision), have
been installed in conformance with the approved plans and specifications. (List the
imDrovements actuallv installed). The subdivider hereby warrants against defects in these
improvements for a period of one year from this date. The subdivider grants possession of all
public infrastructure improvements to the City of Bozeman, and the City hereby accepts
possession of all public infrastructure improvements, subject to the above indicated warranty.
Sianature of Subdivider
(Date)
Sianature. Number, and Seal of Encineer
(Date)
. Sianature. Director of Public Service (Date)
- 97 -
B. Within the Unincorcorated Area:
CERTIFICA TE OF COMPLETION OF IMPROVEMENTS
I (Name of Subdivider), and I (Name of Subdivider's Registered Enaineer), a registered
professional engineer licensed to practice in the State of Montana, hereby certify that the
following improvements, required as a condition(s) of approval of (Name of Subdivision), have
been installed in conformance with the approved plans and specifications. (List the
imcrovements actuallv installed). The subdivider hereby warrants against defects in these
. improvements for a period of one year from this date.
Signature of Subdivider (Date)
Signature, Number and Seal of Engineer (Date)
, 6.32.070 Appropriate governing body.
The appropriate governing body shall certify approval of the plat of subdivision. Said
certificate shall read as follows:
A. Within the Citv Limits of the Citv of Bozeman:
CERTIFICA TE OF DIRECTOR OF PUBLIC SERVICE
I, Director of Public Service, City of Bozeman, Montana, do hereby certify that the
accompanying plat has been duly examined and has found the same to conform to the law,
. approves it, and hereby accepts the dedication to the City of Bozeman for the public use of
any and all lands shown on the plat as being dedicated to such use.
DATED this day of ,
Sianature: Director of Public Service
B. Within the Unincorcorated Area:
CERTIFICA TE OF COUNTY COMMISSIONERS
I, the Chairman of the Board of County Commissioners, Gallatin County, Montana, do hereby
certify that the accompanying plat has been duly examined and has found the same to
conform to the law, approve it, and hereby accept the dedication to public use.
DATED this day of ,
(Sianature)
. Chairman, Board of County Commissioners
C. Within the Citv of Bozeman Jurisdictional Zonina Area: In addition to the Certificate
of County Commission, sub-section B above, the following certificate shall be
provided on every subdivision plat within the City's zoning jurisdictional area:
- 98 *
....... . -"
CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE
I, Director of Public Service for the City of Bozeman, Montana, do hereby certify that the
accompanying plat has been duly examined as required in Section 7-3-4444, M.C.A., and
that all streets and alleys are of a proper width and are coterminous with adjoining streets and
alleys, and all other regulations are conformed with.
DATED this ~ day of ,
-
.
(Sianature), Director of Public Service
City of Bozeman, Montana
16.32.080 Release of sanitary restrictions.
The following Certificate shall be added to all subdivision plats when the subdivision will be
provided with municipal facilities for the supply of water and disposal of sewage and solid waste.
RELEASE OF SANITARY RESTRICTIONS
The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman,
Montana Master Plan area, and can be provided with municipal facilities for the supply of
water and disposal of sewage and solid waste. Therefore, under the provisions of Section
76-4-124(1), M.C.A., this subdivision is not subject to sanitary restrictions.
DA TED this day of ,
~ -
Sianature, Director of Public Service
City of Bozeman, Montana
. 16.32.090 County treasurer.
All final subdivision plats shall show the following Certificate of County Treasurer:
CERTIFICA TE OF COUNTY TREASURER
I, (Name of County Treasurer), Treasurer of Gallatin County, Montana, do hereby certify that
the accompanying plat has been duly examined and that all real property taxes and special
assessments assessed and levied on the land to be subdivided are paid.
DA TED this day of ,
Sianature, Director of Public Service
City of Bozeman, Montana
16.32.100 Clerk and recorder.
All plats shall show the following Certificate of Clerk and Recorder:
. CERTIFICATE OF CLERK AND RECORDER
I, (Name of Clerk and Recorder), Clerk and Recorder of Gallatin County, Montana, do hereby
certify that the foregoing instrument was filed in my office at o'clock, (a.m. or p.m.),
this day of , . and recorded in Book of Plats
on Page
, Records of the Clerk and Recorder, Gallatin County, Montana.
(Signature)
Clerk and Recorder
- 99 -
..--------------- .-------- .--. .. . -.-....
16.32.110 Certification of use of exemption claim.
The following certificates shall be provided in a printed certificate on the amended plat or
certificate of survey for allowed exemptions:
A. Certificate of Governina Bodv:
. CERTIFICATE OF GOVERNING BODY
I, (Director of Public Service for the Citv of Bozeman) (Chairman of the Board of County
Commissioners), do hereby certify that the accompanying (Certificate of Survev) (Amended
Plat) has been duly reviewed, and has been found to conform to the requirements of the
Subdivision and Platting Act, Section 76-3-101 et.seq., M.C.A., and the Bozeman Area
Subdivision Regulations.
DATED this _ day of ,
-
(Signature)
Title
B. Certificate of Exemotion: Reference to exemption from release of sanitary restrictions
can also be added to this Certificate, as appropriate.
CERTIFICA TE OF EXEMPTION
. (I) (We) certify that the purpose of this survey is to (state exemption), and therefore this
survey is exempt from review as a subdivision pursuant to Section 76-3-207( 1) (add
aoorooriate sub-section), M.C.A.
DA TED this _ day of ,
-
(Acknowledged and notarized signatures of all record owners of surveyed property)
16.32.120 Examining land surveyor.
Where required, the following certificate shall be added to all final subdivision plats.
CERTIFICATE OF EXAMINING LAND SURVEYOR
I, (Name of Examinina Land Survevor), Examining Land Surveyor for Gallatin County,
Montana, do hereby certify that I have examined the final plat of (name of subdivision), and
find that the survey data shown thereon meet the conditions set forth by or pursuant to Title
. 76, Chapter 3, Part 4, M.C.A.
DA TED this _ day of ,
-
(Sianature)
(Name of Surveyor)
Registration No.
~
Gallatin County, Montana
. 1 00 .
-- - -
CHAPTER 16.34
SUPPLEMENTARY DOCUMENTS
16.34.010 General.
When required, the following documents shall be submitted in draft form with the preliminary
plat, and signed and notarized with the final plat.
16.34.020 Property owner's association.
. If common property is to be deeded to the property owners association or similar
organization, the covenants and restrictions set up to govern such an association shall include as
a minimum:
A. Membershic: Automatic and mandatory membership for each property or unit buyer
and any subsequent buyer.
B. Peroetual Reservation: Perpetual reservation and limited use of common property.
C. Richt to Use: The right of each property or unit owner to use and enjoyment of any
common property or facility.
D. ResDonsibilitv: Responsibility for liability insurance. any applicable tax assessments
and the maintenance of any common property or facilities to be placed in the
association.
. E. Assessments: Assessments which require each property or unit owner to pay a pro
rata share of the cost of any common expenses. with any assessment charged by the
association becoming a lien where necessary on individual parcels. Safeguards
against unreasonably high charges and provision to adjust assessments may be
provided.
16.34.030 Covenants.
The appropriate governing body may require covenants to be recorded with the final plat
when it is determined they are necessary for the protection of the public health, safety and general
welfare. The covenants may be required to include, but are not limited to. the following provisions:
A. That all county declared noxious weeds will be controlled.
8. A section addressing agricultural uses of neighboring properties in the following form:
. Lot owners and residents of the subdivision are informed that adjacent uses may be
agricultural. Lot owners accept and are aware that standard agricultural and farming
practices can result in dust. animal odors and noise. smoke. flies, and machinery
noise. Standard agricultural practices feature the use of heavy equipment. chemical
sprays and the use of machinery early in the morning and sometimes late into the
evening.
- 101 -
___.n..... .___.__.....,..._ ~".._'. ...,.,
C. That all fences bordering agricultural lands shall be maintained by the landowners in
accordance with state law.
D. The property owner's association shall be responsible for the maintenance of
subdivision roads and parks.
E. That any covenant which is required as a condition of the preliminary plat approval
. and required by the appropriate governing body may not be amended or revoked
without the mutual consent of the owners in accordance with the amendment
procedures in the covenants, and the appropriate governing body.
CHAPTER 16.36
UNIFORM STANDARDS FOR MONUMENTATION
AND FILING REQUIREMENTS
16.36.010 Uniform standards for monumentation and filing requirements.
The following standards shall govern monumentation of land surveys:
A. All permanent control monuments or monuments set to control or mark the
boundaries of any division shall be of not less than one-half inch (Y2") diameter by
twenty four inches (24") in length with a cap of not less than one and one-quarter
inch (1 1/4") diameter marked in a permanent manner with the name and/or
. registration number of the registered land surveyor in charge of the survey. A cap of
the above dimensions may be set firmly in concrete.
B. Prior to the filing of any subdivision plat or certificate of surveyor record the land
surveyor shall confirm the location of sufficient monuments to reasonably assure the
perpetuation or re-establishment of any corner or boundary or retracement of the
su rvey . The surveyor shall clearly identify on the face of the plat or certificate of
survey all monuments used in the survey, and the descriptions shall be sufficient to
identify the monuments without reference to another record of survey.
C. All monuments must be set prior to the filing of a plat or certificate of survey except
those monuments which will be disturbed by the installation of improvements. Such
monuments may be set subsequent to filing if the surveyor certifies that they will be
. set before a specified date.
D. The plat or certificate shall clearly show the relationship of all adjacent monuments
of record and the relationship of the monuments of record to monuments set after
filing.
- 1 02 -
-------
E. Monuments not less than three.eighths inch (3/8") in diameter and eighteen inches
(18") in length and marked with the name andlor registration number of the registered
land surveyor in charge of the survey shall be set at the following locations:
1. At each corner and angle point of all lots, blocks or parcels of land
created.
2. At every point of intersection of the outer boundary of the subdivision
. with an existing or created right-of-way line.
3. At every point of curve, point of tangency, point of reversed curve, or
point of compounded curve on each right-of-way line established.
F. When the placement of a required monument at its proper location is impractical, the
surveyor may set a reference monument near that point. Such a reference monument
has the same status as other monuments of record if its location is properly shown.
Where any point requiring monumentation has been previously monumented, the
location of the existing monument shall be confirmed by the land surveyor if used, and
if so confirmed shall likewise be considered a monument or record when properly
shown and described on the certificate or plat filed.
G. If the land surveyor uses any previously established monument, he must confirm the
location of the monument. If properly confirmed and shown and described on the
. filed certificate or plat, such a monument shall be considered a monument of record.
CHAPTER 16.38
GALLATIN COUNTY FIRE IMPACT FEE
REGULA TION
Adopted August 27, 1 996
16.38.010 Legislative findings.
The Commissioners of Gallatin County, Montana, find that:
A. Fire protection services are currently being provided to the citizens of the County by
various Rural Fire Districts and Fire Service Areas that received administrative fees
from the County to help finance such services and facilities.
B. The protection of the health, safety, and general welfare of the citizens of the County
requires that fire protection facilities and equipment be acquired and constructed to
. accommodate continuing growth within the County.
C. All types of development for which specific waivers have not been defined in this
regulation will create increased demands for fire protection facilities and equipment,
D. The current system of fire impact fees is inadequate to allow fourteen (14) of the
Rural Fire Districts and Fire Service Areas to provide the fire protection facilities and
equipment needed to serve new development.
- 1 03 -
-- ----- -...-=-..
E. The adoption of a new Fire Protection Impact Fee system would enable the County,
at the request of one or more of the fourteen (14) Rural Fire Districts and Fire Service
Areas, to collect additional revenues for such Districts or Areas for the purpose of
acquiring or constructing fire protection facilities and equipment, and to impose a
proportionate share of the costs of required fire protection facilities and equipment on
. those developments that create the need for them.
F. The County Road and Fire ImDact Fee Studv prepared by James Duncan and
Associates dated September 1995 sets forth a reasonable methodology and analysis
for determining the impacts of new development on fire protection facilities and
equipment and for determining the cost of acquiring or constructing the capital
facilities and equipment required to serve new development.
G. The Fire Protection Impact Fees described in this Regulation are based on that County
Fire Protection and Fire ImDact Fee Studv, and do not exceed the costs of acquiring
or constructing the fire protection facilities and equipment required to serve the new
developments that will pay the Fire Protection Impact Fees.
H. The County Fire Protection and Fire ImDact Fee Study did not include the costs of
providing a water supply to fight fires in remote areas, and the Fire Protection Impact
. Fees described in this Regulation do not cover such costs. Any obligation to provide
a water supply to fight fires imposed by a Rural Fire District or Fire Service Area is
separate and distinct from the obligation to pay the Fees described in this regulation.
I. The acquisition or construction of new fire protection facilities and equipment by the
fourteen (14) Rural Fire Districts and Fire Service Areas will provide benefits to the
landowners in the District or Area where the new facilities and equipment are located,
and it is therefore appropriate to create fourteen (14) different fire protection benefit
areas for purposes of collecting and spending Fire Protection Impact Fees.
J. There is both a rational nexus and a rough proportionality between the fire protection
impacts created by new development covered by this Regulation and the Fire
Protection Impact Fee that such development will be required to pay.
. K. This Regulation creates a system by which the Fire Protection Impact Fees paid by
different developments will be used to acquire or construct fire protection facilities
and equipment benefiting the development that paid the Fee within a reasonable
period of time after the Fee is paid.
L. Section 76-3-510, 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
- 1 04 -
public health and safety, including but not limited to, public roads, sewer lines, water
supply lines, and storm drains to a subdivision. Fire protection facilities and
equipment relate to the public health and safety.
16.38.020 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 any Rural Fire
District or Fire Service Area that:
1. Is listed in Table 1, and
2. Has executed an agreement with the County in the form attached as
Appendix 1, which is an integral part of this Regulation, but shall not
apply to any land located within the corporate limits of any city or town
in Gallatin County.
16.38.030 Intent.
A. This Regulation is adopted to help implement the Gallatin County Plan.
B. The intent of this Regulation is to ensure that new development bears a proportionate
share of the cost of Fire Protection Improvements, to ensure that such proportionate
share does not exceed the cost of Fire Protection Improvements required to serve
. such new developments, and to ensure that money collected from such new
developments are actually used to acquire or construct Fire Protection 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 Fire Protection
Improvements created by that new development.
D. It is not the intent of this Regulation that any monies deposited in any 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 or located in a different fire protection benefit area than
that for which the Fee was paid, except in the case where two or more of the eligible
. Rural Fire Districts or Fire Service Areas have agreed to jointly acquire or construct
improvements or equipment that will benefit each of them using monies from each of
their respective Impact Fee Funds and the disbursements from each Impact Fee Funds
meet the requirements set forth in the agreement between each such District or Area
and the County.
E. As used in this regulation, the term "Fire Protection Improvements" means the
planning, land acquisition, engineering design, construction, construction inspection,
. 1 05 -
equipment purchases, and financing costs associated with new or expanded facilities,
buildings, and equipment, that expand the capacity of a fire protection facility or
system and that have an average useful life of at least ten (10) years, but not
including maintenance, operations, or improvements that do not expand capacity.
16.38.040 Fire protection benefit areas.
. A. For purposes of this Regulation, there shall be fourteen (14) fire protection benefit
areas corresponding to the boundaries of the fourteen (14) Rural Fire Districts and Fire
Service Areas listed in Table 1.
B. No fire protection benefit area shall include any area within the corporate limits of any
city or town in Gallatin County.
16.38.050 Imposition of fire protection impact fees.
A. Any subdivider who obtains preliminary plat approval of a subdivision of land within
those fire protection benefit areas listed in Table 1 after the effective date of this
Regulation shall pay a Fire Protection Impact Fee in the amount specified in this
Regulation prior to final plat approval.
B. The duty to pay the Fire Protection Impact Fees described by this Regulation shall be
. attached as a condition to any preliminary plat approval of a subdivision.
C. No final subdivision plat shall be approved until the Fire Protection Impact Fee
described in this Regulation has been paid, unless such Fee has been explicitly waived
by Section 16.38.100 of this Regulation.
16.38.060 Computation of amount of fire protection impact fee.
A. A subdivider required to pay a Fire Protection Impact Fee may choose to have the
County determine the amount of such Fee pursuant to either (1) or (2), below.
1. Unless a subdivider requests that the County determine the amount of
such Fee pursuant to (A), above, the County shall determine the amount
of the Fire Protection Impact Fee by applying a fixed fee of Four
Hundred Ninety-Six Dollars ($496.00) per lot or parcel shown on the
final plat of the subdivision.
2. A Subdivider may prepare and submit to the County an independent fee
calculation study prepared by qualified a fire protection professional
and/or economist calculating the cost of Fire Protection Improvements
. required to serve the proposed development, that:
a. IS performed on an
average cost (not marginal cost)
methodology;
b. is specific to the Rural Fire District or Fire Service Area in which
the land is located;
c. uses the service units and unit construction costs stated in the
County Road and Fire ImDact Fee Study; and
d. is performed in compliance with any criteria for such studies
previously established by this Regulation or by the County. An
- 1 06 .
-----..---------
-. -- --- __n_._
average cost methodology is one that calculates the average cost
of new fire facilities and equipment needed to serve each new lot
or parcel in new developments in a specific Rural Fire District or
Fire Service Area over a future period of at least ten (10) years.
B. If the subdivider is applying for a resubdivision of an approved subdivision, or an
amendment to a final subdivision plat, for which a Fire Protection 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 and any amount previously paid
as an impact fee for fire protection facilities or equipment.
16.38.070 Payment of fire protection impact fees.
A. A subdivider required to pay a Fire Protection Impact Fee shall pay such fee to the
County prior to final approval of any subdivision of land.
B. All monies paid by a subdivider pursuant to this Regulation shall be identified as Fire
Protection Impact Fees and shall be promptly deposited in the Fire Protection Impact
Fee Fund for the fire protection benefit area or areas in which the subdivider's land
is located.
C. If the subdivider's land is not located entirely within one of the fire protection benefit
areas defined in Section 16.38.040 of this Regulation. then the Fire Protection Impact
. Fee due from the subdivider shall be calculated separately for the portion of
subdivider's land in each benefit area, and each separate portion of the Fire Protection
Impact Fee shall be deposited in the Fire Protection Impact Fee Fund for the fire
protection benefit area in which that portion of the land is located.
, 6.38.080 Fire protection impact fee funds.
A. A separate Fire Protection Impact Fee Fund is hereby created for each of the fourteen
(14) fire protection benefit areas listed in Table 1.
B. Each Fire Protection Impact Fee Fund shall contain only those Fire Protection Impact
Fees collected within the fire protection benefit area for which such Fund was created
and any interest which may accrue from time to time on such amounts.
C. Interest earned on monies in any Fire Protection Impact Fee Fund shall be considered
. part of such Fund, and shall be subject to the same restrictions on use applicable to
the Fire Protection Impact Fees deposited in such Fund.
D. The County's reasonable costs to calculate and document Fire Protection Impact Fees.
credits against those Fees. and refunds of 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. M.C.A.
- 107 -
..__"...__...._u___.
16.38.090 Use of fire impact fee funds.
A. The monies in each Fire Protection Impact Fee Fund shall be made available to the
Rural Fire District or Fire Service Area serving the fire protection benefit area for
which such Fund was created, but only after such District or Area has signed a
contract with the County in the form attached as Appendix 1 to this Regulation, and
. then only:
1. To acquire or construct Fire Protection Improvements within the fire
protection benefit area for which that Fund was created; or
2. To pay debt service on any portion of any future bond issue used to
finance the acquisition or construction of Fire Protection Improvements
to the extent that such improvements expand the capacity of a fire
protection facility or system within the fire protection benefit area for
which such Fund was created; or
3. As described in Chapters 16.38.110 or 16.38.120(G) ofthis Regulation.
B. Monies in each Fire Protection 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 any Fire Protection 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.
. 16.38.100 Waivers of fire protection impact fees.
A. The County shall waive the Fire Protection Impact Fee for any lot meeting all of the
following criteria.
1. The lot is developed with at least one dwelling unit/structure.
2. The use of the lot will produce no greater demand for fire protection
than would have been produced if such land had not been subdivided.
3. The lot is located within a Fire District; and
4. The lot was not annexed to the Fire District after August 27, 1996.
Such waiver shall be granted prior to final approval of the subdivision.
A request for a waiver made after that approval shall be invalid.
B. Subdividers otherwise required by this Regulation to pay a Fire Protection 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 towards the cost of acquiring or constructing the capital
facilities and/or equipment required to serve the lot(s), excluding the
provision of a water supply to fight fires, in an amount that equals or
exceeds the Fire Protection Impact Fee otherwise required by this
Regulation; or
2. A partial waiver may be received if the subdivider has provided a
contribution towards the cost of acquiring or constructing the capital
facilities and/or equipment required to serve the lot(s), excluding the
provision of a water supply to fight fires, in an amount that does not
~ 108 -
--- .- .-.---
--..-.-- .-.-- "":"'1
equal or exceed the Fire Protection Impact Fee otherwise required by
this Regulation.
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 shall determine the validity, subject to an application for
. subdivision review, of any waiver or claim for a waiver pursuant to the criteria set
forth in sub-sections A and B above. Final determination of validity shall be made at
final approval of the subdivision.
16.38.110 Refunds of fire protection impact fees paid.
A. Any monies in any Fire Protection Impact Fee Fund that have not been spent or
encumbered within ten (1 Q) 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 Fire Protection Impact Fee was paid. The
published notice shall contain the heading "Notice of Entitlement to an Impact Fee
Refund" .
16.38.120 Credits against fire protection impact fees.
A. After the effective date of this Regulation, all mandatory or voluntary dedications of
land for fire stations, all mandatory or voluntary construction of fire stations, and all
mandatory or voluntary purchases of fire trucks by a subdivider, shall result in a pro
. rata credit against the Fire Protection Impact Fees otherwise due for such
development, except that no such credit shall be awarded for:
1. Land dedications for, or construction or purchase of, Fire Protection
Improvements that remain under the control of the subdivider and serve
only the subdivider's property; or
2. Any voluntary right-of-way dedications not accepted by the Rural Fire
District or Fire Service Area in which such land is located; or
3. Any voluntary acquisition or construction of fire stations or fire trucks
not approved in writing by the Rural Fire District or Fire Service Area in
- 1 09 .
--- .----
-......----- -.----
which such land is located prior to commencement of the acquisition or
construction; or
4. Any mandatory or voluntary dedication, construction, or acquisition of
a type of Fire Protection Improvement not included in the calculation of
the Fire Protection Impact Fees in the Countv Road and Fire Imcact Fee
~. Credits shall not be granted for the provision of a water supply
to fight fires.
B. In order to obtain a credit against Fire Protection Impact Fees otherwise due, a
. subdivider must:
1. Submit a written agreement or offer to dedicate specific parcels of land
to the Rural Fire District or Fire Service Area in which the subdivider's
project is located, or to construct Specific Fire Protection Improvements
in accordance with all
applicable state or County design
and
construction standards; and
2. Obtain the written approval of the Rural Fire District or Fire Service Area
serving the fire protection benefit area or areas in which the land is
located; and
3. Specifically request a credit against such Fire Protection 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 an application is made for final approval of
the first subdivision required for the development. or the claim for the
credit shall be invalid.
. C. The credit due to a subdivider who submits such a request shall be calculated by the
County and documented by the County as follows:
1. Credit for qualifying land 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 fire stations
or fire trucks, the subdivider shall submit acceptable engineering
drawings, specifications, construction cost estimates, or purchase price
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.
D. Approved credits shall become effective at the following times:
. 1. Approved credits for qualifying land dedications shall become effective
when the applicable Rural Fire District or Fire Service Area confirms that
the land has been conveyed to it or that acceptable arrangements have
been made for the future conveyance of such land.
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 acquisition or construction of Fire Protection
Improvements shall generally become effective when the applicable
Rural Fire District or Fire Service Area confirms that all required
construction has been completed and accepted or that acceptable
~110~
arrangements have been made for future construction or acquisition.
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.
E. Approved credits may be used to reduce the amount of Fire Protection Impact Fees
otherwise due from any subdivider within the same fire protection benefit area for
. which the credit was approved, 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
Fire Protection 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.
F. Approved credits shall only be used to reduce the amount of Fire Protection Impact
Fees otherwise due under this regulation within the fire protection benefit area for
which the credit was approved, and shall not be paid to the subdivider in cash or in
credits against any impact fees for any other type of facility or service or against Fire
. Protection Impact Fees for any other fire benefit area or against any other monies due
to the county, except as described in (G), below. Credits may be limited to use in
areas that can be served by the land, fire station, or fire trucks whose dedication,
purchase, or construction gave rise to the credit.
G. If the amount of approved credits exceeds the amount of Fire Protection 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 C. above shall not be issued, and the
County may, at its discretion, arrange for the reimbursement of such excess credits
. from the Fire Protection Impact Fee Fund or Funds for the fire protection benefit area
or areas in which the subdivider's land is located from Fees paid by others.
H. Credits may be transferred from one owner to another by any written instrument
clearly identifying the certificate or certificates issued under C. above that are to be
transferred, provided that such instrument is signed by both the transferor and
-111-
transferee and that the document is delivered to the County for registration of the
change in ownership.
16.38.130 Fee adjustment.
A. The Fire Protection Impact Fee stated in Chapter 16.38.060 of this Regulation shall
be adjusted annually to reflect the effects of inflation on those costs for Fire
. Protection Improvements set forth in the Countv Road and Fire Imcact Fee Studv.
Beginning on January 1, 1998 and on January 1 of each following year unless and
until the Fee in Chapter 16.38.060 is revised or replaced by action of the County
Commissioners, the Fee amount in Chapter 16.38.060 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 as 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.
B. The Fire Protection 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:
1. The cost assumptions underlying such Fees are still valid;
2. The resulting Fees do not exceed the actual cost of acquiring land for
Fire Protection Improvements and/or acquiring or constructing Fire
Protection Improvements required to serve new development;
3. The monies collected or to be collected in the Fire Protection Impact Fee
Funds have been and/or are expected to be spent for Fire Protection
Improvements; and
4. Such Fire Protection Improvements will benefit those lots and parcels for
which the Fees were paid.
C. If a Fire Protection 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
1.
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.
2. 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.
-112-
-.- --
-.-- ~'-- -
-
a. In the case of underpayment, the County shall not issue any
additional permits or approvals for the project for which the Fire
Protection Impact Fee was previously
paid until such
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 Fire Protection Impact Fees and refund
such Fees to the then current owner of the land.
16.38.140 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
Chapter 16.38.120.
B. 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 fire hazards related to a
proposed subdivision, shall be a violation of this Regulation.
C. 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 portion of
this Regulation.
D. The section titles used in this Regulation are for convenience only, and shall not affect
the interpretation of any portion of the text of this Regulation.
E. The County shall keep a copy of the Countv Road and Fire ImDact Fee Studv, 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 Fire
Protection 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, the fire protection benefit area for which the Fee was paid, 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.
F. This Regulation shall become effective on August 27, 1996.
-113-
---------.. -
....,.,,---
TABLE 1
FIRE PROTECTION BENEFIT AREAS
Rural Fire District or
Benefit Area Fire Service Area
1 Amsterdam RFD 165
2 Belgrade RFD 105
. 3 Bridger Canyon RFD 110
4 Clarkston FSA
5 Fort Ellis FSA
6 Gallatin Canyon RFD 11 5
7 Gallatin Gateway RFD 120
8 Manhattan RFD 125
9 Rae FSA
10 Reese Creek FSA
11 Sourdough RFD 155
12 Springhill FSA
13 Storm Castle RFD
14 Three Forks RFD 145
"
Section 3
. Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof
in conflict herewith are hereby repealed.
Section 4
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 5
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 6
Effective Date.
This ordinance shall be in full force and effect on February 15, 1998.
~114-
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular session thereof held on the 15th day of December 1 997.
DON E. STUECK, Mayor
ATTEST:
.
ROBIN L. SULLIVAN
Clerk of the Commission
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 20th day of January 1998.
ATTEST:
(JLJ~
ROBIN L. SULLIVAN
. Clerk of the Commis::;ion
APPROVED AS TO FORM:
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. 1450 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 23rd day of January 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.
()d.: J~
ROBIN L. SULLIVAN--." - .~.
Clerk of the CommissiOf't:.
~115-
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular session thereof held on the 15th day of December 1997.
ATTEST:
-'.
.......~.- -
. (2t: /ib~
ROBIN 1.. SUl-b-1VAN=~: ~'
Clerk of the~_~_~~ts~~9fl..
.
.
{~Z~
DON E. STUECK, Mayor
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
day of
1998.
ATTEST:
ALFRED M. STIFF, Mayor
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
-115-