HomeMy WebLinkAboutOrdinance 11- 1796 revising sections in chapter 18 of the Bozeman Municipal CodeORDINANCE NO. 1796
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTIONS 18.42.070.A, 18.42.150.C, 18.44.050, 18.44.060.D, 18.44.110,
18.50.110.A, AND 18.78.060.L; MODIFYING REQUIREMENTS FOR EXTENSIONS OF
MUNICIPAL INFRASTRUCTURE; ADAPTING THE STREET LIGHTING
STANDARDS TO THE CITY'S DESIGN AND SPECIFICATIONS MANUAL;
REVISING LEVEL OF SERVICE STANDARDS FOR STREET AND ROAD RIGHT OF
WAY WIDTH AND CONSTRUCTION STANDARDS; MODIFYING PROCEDURES
FOR BIKE LANE DESIGNATIONS; REVISING RECREATION PATHWAY
STANDARDS; AND ADDING REQUIREMENTS FOR SUBDIVISION PRELIMINARY
PLAT SUPPLEMENTS; AND BY ADDING A NEW SECTION 18.42.180 PROVIDING
REQUIREMENTS AND PROCEDURES FOR SUPPLYING WATER RIGHTS OR
PAYMENT -IN-LIEU OF WATER RIGHTS.
WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance
which establishes common standards for both zoning and subdivision development; and
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, and reviewed, and all necessary public notice was given
for all public hearings; and
WHEREAS, the Bozeman Zoning Commission and Planning Board held a joint public
hearing on November 16, 2010 to receive and review all written and oral testimony on the
request for a Unified Development Ordinance text amendment; and
WHEREAS, as shown in Zoning Commission Resolution Z-10304, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that proposed the Unified
Development Ordinance text amendments be approved; and
WHEREAS, as shown in Planning Board Resolution P-10304, the Bozeman Planning
Board recommended to the Bozeman City Commission that proposed the Unified Development
Ordinance text amendments be approved; and
Page 1 of 13
WHEREAS, after proper notice, the City Commission held a public hearing on
December 6, 2010, to receive and review all written and oral testimony on the request for a text
amendment to the Unified Development Ordinance; and
WHEREAS, the City Commission reviewed and considered the relevant Unified
Development Ordinance text amendment criteria established by Sections 76-3-102, 76-3-501,
and 76-2-304, M.C.A., and found the proposed Unified Development Ordinance text amendment
to be in compliance with the purposes of the title as locally adopted in Section 18.02.040, BMC;
and
WHEREAS, at its public hearing, the City Commission found that the proposed
Unified Development Ordinance text amendment would be in compliance with Bozeman's
adopted growth policy and applicable statutes and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, upon a vote of —5— to. D-, that:
Section I
Section 18.42.070.A of the Unified Development Ordinance be amended to read as follows:
A. General. All municipal water supply, sanitary sewer and storm sewer systern facilities
shall comply with the following requirements
1. The developer shall install complete municipal water and sanitary sewer system
facilities, or a system allowed by §18.38.030.D, BMC, and may be required by
the City to install municipal storm sewer system facilities. These systems shall be
installed in accordance with the requirements of State Department of
Environmental Quality and the City of Bozeman, and shall conform with any
applicable facilities plan. The City of Bozeman's requirements are contained in
the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications, and by this
reference these standards are incorporated into and made a part of these
regulations. The developer shall submit plans and specifications for the proposed
facilities to the City, and to the State Department of Environmental Quality, and
shall obtain their approvals prior to commencing construction of any municipal
water, sanitary sewer or storm sewer system facilities.
Page 2 of 13
2. The cutting of any City street shall be done in compliance with the City `s street
cut policy.
3. When a proposed development adjoins undeveloped land, and municipal
infrastructure mains would reasonably pass through the new development to the
undeveloped land, municipal infrastructure mains shall be arranged to allow the
suitable development of the adjoining undeveloped land. Municipal infrastructure
mains within the proposed development shall be constructed to the boundary lines
of the tract to be developed, unless prevented by topography or other physical
conditions. A i c
exotion io 61is slandardmay bKgjanted
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Section 2
Section 18.42.150.0 of the Unified Development Ordinance be amended to read as follows-,
C. Street Li�_ Street lighting consists of street lighting and pathway intersection
lighting, and shall comply with the_Ci jLcBqKgLl 4B, Rgsj I 'Irlfrds "A'xx l ei oons
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Page 3 of 13
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Section 3
Chapter 18.42 of the Unified Development Ordinance be amended by adding a section to be
numbered 18.42.180, to read as follows:
Page 5 of 13
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Section 3
Chapter 18.42 of the Unified Development Ordinance be amended by adding a section to be
numbered 18.42.180, to read as follows:
Page 5 of 13
18,42.180 WA'rER RIGHTS
k Priot to as final pro vq. reviewed as a site �qp�jtjonal US(.'
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Section 4
Section 18.44.050 of the Unified Development Ordinance be amended to read as follows:
18.44.050 STREET AND ROAD RIGHT OF WAY WIDTH AND CONSTRUCTION
STANDARDS
A. All streets and roads providing access to, and within, the proposed development shall
meet the following standards:
Right-of-way width and construction standards contained in this title, the
ji qu fqp!g�
Lo iKL11 12Prqi t ion 1-;� Lag., the City of Bozeman Design Standards and
Specifications Policy, and the City of Bozeman Modifications to Montana Public
Works Standard Specifications shall apply.
2. 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 easenlent which.
meets the criteria of this chapter.
Page 6 of 13
Section 5
Section 18,44-060.D of the Unified Development Ordinance be amended to read as follows:
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D, Servyt, Stan(,Jards, All artt-rial a.qd cofleclor streets and hatersectiops with
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arterual and colleclor streets sfi�Lfl op a tydn�tnuni le%�el .. of selwice "C"'
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flit", itatersecfion as a whole
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Page 7 o 13
C, T�ie circurnstances are in the j. of" th,,e Director of
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PLIbli Sel or their F ee subsuanti I y t he s,anie as �,Oien flie
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Section 6
Section 18,44.1 of the Unified Development Ordinance be amended to read as follows:
18.44.1 TRANSPORTATION PATHWAYS
A. General. Developers shall install pathways in accordance with this title, the growth
policy, the . .....
ad pt��Lf any adopted Citywide park. plan, and any
00 j4pgg t _ L 1 - a
adopted ind - ividLID.J. Park Master Plan, and shall comply with City of Bozeman design
specifications. See also §§18.42.100, 18.50.070 and 18.50.110, BMC.
B. Pathway Cate gongs. The DRC shall be responsible for determining whether a pathway is
a transportation pathway or a recreation pathway. For subdivision and planned unit
development proposals, this determination shall be made during the pre-application
process.
I Transportation Pathways. Developers shall install transportation pathways, to
provide adequate multimodal transportation facilities within the development, as
part of the required development improvements. Transportation pathways shall
be ADA accessible, and include the following types of facilities:
a. Sidewalks;
b, On-street bike lanes and bike routes;
C. Boulevard trails; and
d. Class I trails;
(1) With the exception of trail corridors within required watercourse
setbacks, corridors for Class I trails shall be dedicated to the City.
The dedicated trail corridor shall be at least 25 feet in width to
ensure adequate room for the construction, maintenance and use of
the trail. Transportation trail corridors can not be used to satisfy
park land dedication requirements,
e. Pathways that connect community or neighborhood commercial nodes by
a reasonably direct route; or
f Pathways that connect major residential, employment, educational, or
other service nodes by a reasonably direct route.
2. Recreation Pathways. For the definition of recreation pathways, please see
§18,50,110.B,BMC.
C. Related Facilities. If pathways are proposed or required, stream crossings and other
similar improvements, where necessary, shall be installed. Bridge design and
construction shall comply with City specifications and standards, and shall be submitted
to the Planning Department for review and approval. Any necessary permits for bridges
Page 8 of 13
shall be obtained by the developer from the appropriate agency prior to installation of the
stream crossings.
D, Trail Requirements. The class of the trail shall be determined by the Recreation and
Parks Advisory Board, and the trail shall be designed and constructed according to any
adopted park or recreation plan or other City specifications and standards. Trails and
bridges must meet Americans with Disabilities Act (ADA) specifications for recreational
facilities and maintain a natural appearance. Trail plans and specifications shall be
submitted to the Planning Department for review and approval prior to installation.
E. 1 u ka Lari . . Bik M lys and Boulevard Trails. Wherever new streets are to be developed
... ........ . . . ....
as a result of a development proposal, or wherever existing streets or roads are required to
be improved, atid upc*i
�RBA-B) the developer may be required to incorporate striped bicycle lanes along the
shoulder, meeting current AASHTO standards, into the design and construction or
improvement of the streets or roads. The decision to install a boulevard trail instead of a
bike lane shall be based on the
1 ...... jp rig 1:�
— ----- .... 11"'.111 jl. QI.,"!qIion_ _p� a il,
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V.-eaf-24)04,441f"Jate, The City Commission may consider exceptions
based on the particular characteristics of a transportation corridor and recommendations
froth the DRC and the Bozeniwi Area Bicyglg AdVi s.(,)Ey Ti,)atj -131AB, Boulevard trails
and bike lanes shall be designed and constructed in accordance with the i i,'ecenlly
ad pts��! Jggg trns oNatjQILJ2Wp,,, I4R+I )Leal-
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Update and any other applicable City specifications and standards.
,M
F. Pathway Maintenance. Trails within and adjacent to the proposed development, as well
as off-street pathways (i.e., sidewalks and boulevard trails) along external development
streets, shall be maintained (including snow removal) in accordance with an approved
maintenance plan by the developer until 50 percent of the lots within the development
area sold. Thereafter the property owners association shall be responsible for
maintenance. The property owners association may establish an improvement district to
collect assessments to pay for the maintenance.
G. Pathway Easements, Where pathways cross private land or common open space, the
proper public access easements shall be provided. Public access easements for pathways
shall be at least 25 feet wide.
H. Trails in Required Watercourse Setbacks. Trail corridors within required watercourse
setbacks shall not be dedicated to the City, and such land may not be used to satisfy park
land dedication requirements. When publicly accessible trails are established within
required watercourse setbacks, public access easements at least 25 feet in width shall be
provided to ensure adequate room for the construction, maintenance and use of the trail.
1. Corridors for transportation pathways shall not be used to satisfy park land dedication
requirements.
Section 7
Section 18.50.110.A of the Unified Development Ordinance be amended to read as follows:
Page 9 of 13
A. General Developers shall install pathways in accordance with this title, the growth
policy, the t recenfl a o t d
1 WjrAaW any adopted Citywide park plan, and any adopted
i nd i r id li'a'[.... Park Master Plan, and shall comply with City of Bozeman design
specifications.
Section li
Section 18.78.060.L of the Unified Development Ordinance be amended to read as follows:
L. Streets, Roads and Alleys
1, Description Describe any proposed new public or private streets, roads or alley,
or substantial improvements of existing public or private streets, roads or alleys.
The developer shall demonstrate that the land to be subdivided has access onto a
legal street.
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 within the subdivision and how the access complies
with § 18.44.090, BMC
3. Modification of Existing Streets, Roads or Alleys Explain any proposed closure
or modification of existing streets, roads or alleys.
4. Dust Describe provisions considered for dust control on alleys.
5. Pollution and Erosion Explain how street, road and alley maintenance will be
provided to meet the Department of Environmental Quality guidelines for
prevention of water pollution and erosion.
6. Traffic Generation Discuss how much daily traffic will be generated on existing
local and neighborhood streets, roads and alleys, when the subdivision is fully
developed, and provide the following infoaxmation..
a. The report format shall be as follows:
(1) Trip generation, using.. the Institute of Transportation Engineers
Trip Generation Manual;
(2) Trip distribution;
(3) Traffic assignment;
(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points, modifications
and any mitigation techniques.
b. The report shall include the fallowing information:
Page 10 of 13
(1) Land use and trip generation in the forrn of a table of each type of
land use, the number of units or square footage, as appropriate, the
trip rates used (daily and peak) and resulting trip generation.
(2) Traffic graphics, which show:
(a) AM peak hour site traffic;
(b) PM peak hour site traffic;
(e) AM peak hour total traffic;
(d) PM peals hour total traffic;
(e) Total daily traffic (with site generated traffic shown
separately).
(3) AM and PM capacity analysis with an AM and PM peak hour
capacity analysis provided for:.
(a) All major drive accesses that intersect collector or arterial
streets or roads; and
(b) All arterial- arterial, collector - collector and arterial- collector
intersections within one -h .- JJ " mile of the site, or as required
by the City Engineer during the pre - application review,
concept plan review, or informal project review.
(4 ) s1qi;...c owrol in tey'sCcfio ns...�r��iw� /�;.:�:.� ��if whe hei t h e
V rfl rs ectBo�n would sj 2 atNon warrants �i the hvo-wa..Y
7. CapacitY. Indicate the levels of service (before and after development) of existing
and proposed streets and roads, including appropriate intersections, to safely
handle any increased traffic. Describe any anticipated increased maintenance that
will be necessary due to increased traffic and who will pay the cost of
maintenance.
8. Bicycle and Pedestrian Pathways, Lanes and routes Describe bicycle and
pedestrian pathways, lanes or routes to be developed with the development.
9. Traffic Calmin 7. Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
Section 9
Severability,
If any provision 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.
Page I I of 13
Section 10
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and assessments
that were incurred or proceedings that began before the effective date of this ordinance.
Section 11
The effective date of this ordinance is 30 days after passage on 2" reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the 13` day of December 2010.
Section 12
Codification Instruction.
The provisions of Sections 1 through 8 shall be codified as appropriate in Title 18, Unified
Development Ordinance, of the Bozeman Municipal Code.
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Page 12 of 13
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading, at a regular session thereof held on the 3` day of
J anuary, 2 11 .
E E'
N� K. KRAUSS
A R
ATTEST':,F BOO"
Al�.A� f1b"
STACX V-LL N
G SULLIVAN
I ATTORNEY
Page 13 of 13