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HomeMy WebLinkAboutFinally Adopt Ordinance No. 1808, Amending Title 18, UDO, Subdivision review.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Planning Director Tim McHarg, Planning Director SUBJECT: Second Reading and final adoption for Ordinance 1808 amending Chapters 18.06, 18.08, 18.10, 18.40 relating to delegation of planning board review authority for certain subdivisions and review of subdivisions by rent or lease, and Section 18.74.030 relating to installation of sidewalks, of Title 18, Unified Development Ordinance, Bozeman Municipal Code. MEETING DATE: July 11, 2011 AGENDA ITEM TYPE: Consent Item RECOMMENDATION: Finally approve Ordinance 1808 amending Chapters 18.06, 18.08, 18.10, 18.40 relating to delegation of planning board review authority for certain subdivisions and review of subdivisions by rent or lease, and Section 18.74.030 relating to installation of sidewalks, of Title 18, Unified Development Ordinance, Bozeman Municipal Code.. BACKGROUND: The City Commission provisionally adopted this ordinance after conducting a public hearing on June 27th and considering the facts and applicable review criteria. Principal actions by this ordinance are: 1) Delegate the review of all minor subdivisions from the Planning Board to the Planning Director. This is allowed by statute. 2) Modify the provisions for extending the preliminary approval of a subdivision preliminary plat. The statute on this subject was changed in the most recent legislature. Bozeman is invoking self-government powers to add specific review criteria for evaluation of an extension and to allow the Planning Director to approve some extensions. 3) Revises subdivision exemptions for aggregation of lots and rearrangements of lots to be exempt from state law limits on how many lots can be affected and replace with locally established boundary criteria. This affects several sections of the ordinance. Bozeman is invoking self-government powers to do this. 4) Modify multiple sections having to do with “subdivisions by rent or lease”. These are developments which do not actually generate a transferable land title but are required to be reviewed as a subdivision by state law. Bozeman is invoking self-government powers to conduct 95 these reviews with zoning authority and procedures instead of through the subdivision procedures. 5) Modify the existing requirements for installation of sidewalks to provide procedures to request extensions of the time period within which the sidewalks must be installed. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: The City Commission could decline to approve the draft ordinance or could propose alternative text. FISCAL EFFECTS: This ordinance does not have a direct expense to the City. Attachments: Ordinance 1808. Report compiled on: June 28, 2011 96 Page 1 of 23 ORDINANCE NO. 1808 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 18.06, CHAPTER 18.08, CHAPTER 18.10, AND CHAPTER 18.74; REVIEW PROCEDURES FOR SUBDIVISIONS, LAND SUBDIVISIONS CREATED BY RENT OR LEASE, SUBDIVISION EXEMPTIONS, AND IMPROVEMENTS AND GUARANTEES. WHEREAS, Title 76, Chapter 3, MCA requires local governments to adopt procedures and standards for review and processing of divisions of land; and WHEREAS, the City of Bozeman has adopted Title 18, Unified Development Ordinance which establishes procedures and standards for subdivision development; and WHEREAS, the City of Bozeman’s Unified Development Ordinance implements the City’s growth policy and state law regarding divisions of land; and WHEREAS, the City of Bozeman is a local government unit with self-government powers as provided in Article XI, sections 5 and 6, of the Montana Constitution; and WHEREAS, the purposes of Title 76, Chapter 3, MCA can be satisfied through various means and procedures which can be adapted to the needs of local communities; and WHEREAS, several modifications to the standards for processing subdivisions were identified which will provide for a more effective management of land and the review of applications while addressing the purposes of Title 76, Chapter 3, MCA and meeting the local needs of Bozeman; and WHEREAS, certain modifications require additional flexibility in process to review proposed development and the City as a charter government with self-government powers has the authority to implement such alternate approaches; and 97 Page 2 of 23 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 Planning Board held a public hearing on June 7, 2011 to receive and review all written and oral testimony on the request for a Unified Development Ordinance text amendment; and WHEREAS, no member of the public offered comment on the proposed amendments; and WHEREAS, as shown in Planning Board Resolution P-11021, the Bozeman Planning Board recommended to the Bozeman City Commission that the proposed Unified Development Ordinance text amendments be approved with two changes; and WHEREAS, after proper notice, the City Commission held a public hearing on June 27, 2011, 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 text amendment criteria established by Sections 76-3-102, and 76-3-501, 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 on June 27th, 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 provide a superior means of advancing the private and the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 Section 18.06.040 of the Bozeman Municipal Code be amended so that such section shall read as follows: 18.06.040 PRELIMINARY PLAT After the requirement for a pre-application review has been satisfied, the developer may submit a subdivision application. Subdivision applications shall be submitted, along with the appropriate review fee and all required subdivision application information as set forth in Chapter 18.78, BMC, to the Planning Department and must conform to the requirements of this title. The preliminary plat shall be prepared by a surveyor licensed to practice in Montana. 98 Page 3 of 23 A. Acceptability and Adequacy of Application. The time limits in paragraphs 1 and 2 of this subsection apply to each successive submittal of the application until a determination is made that the application contains the required materials and is adequate for review and the subdivider or their agent is notified. 1. The Planning Department shall review a subdivision application within five working days of receipt of the application and applicable fee submitted in accordance with any deadlines established for submittal to determine if the application is acceptable. An application is acceptable only if it contains all of the information required by this title. If the application is unacceptable, the application, the review fee and a written explanation of why the application is unacceptable will be returned to the subdivider, who is the property owner. If the application is acceptable the subdivider shall be so notified. The property owner may designate in writing another party to receive notifications regarding acceptability. The five working day review period shall be considered met if the letter is dated, signed and placed in the outgoing mail within the five day review period. 2. After the application is deemed acceptable it shall be reviewed for adequacy. The review for adequacy shall be conducted by the appropriate agency with expertise in the subject matter. The adequacy review period shall begin on the next working day after the date that the Planning Department determines the application is acceptable and sends the required notice to the subdivider; and shall be completed within not more than 15 working days. The 15 working day review period shall be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the subdivider, who is the property owner. If the application is adequate the subdivider shall be so notified. The property owner may designate in writing another party to receive notifications regarding adequacy. a. In the event the missing information is not received by the City within 15 working days of notification to the subdivider of inadequacy, all application materials and one-half of the review fee shall be returned to the subdivider or their representative. Subsequent resubmittal shall require payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the City from requesting additional information during the subdivision review process. A determination of adequacy establishes the applicable review criteria as specified in §18.64.080.A, BMC. 3. The DRC may grant reasonable waivers from submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. If in the opinion of the final approval authority the waived materials are necessary for proper review of the development, the materials shall be provided before review is completed. 4. In order to be granted a waiver the applicant shall include with the submission of the subdivision application a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body shall 99 Page 4 of 23 then consider each waiver at the time the subdivision application is reviewed. All waivers must be initially identified with the pre-application stage of review. B. Review by Affected Agencies. After an application is deemed acceptable, the Planning Department may submit copies of the preliminary plat and supplementary information to relevant public utilities and public agencies for review and comment, and for major subdivisions to the Planning Board for its advice pertaining to the approval or denial of the subdivision application. Review by public agencies or utilities shall not delay the City Commission’s consideration of the subdivision application beyond the statutorily specified review period. If the Planning Department shall request review by a public utility, agency of government, and other parties regarding the subdivision application that was not identified during the pre-application review the Planning Department shall notify the subdivider. C. Planning Board Review. At a regularly noticed meeting or public hearing, the Planning Board shall review all major subdivision applications, together with required supplementary plans and information, and determine whether the plat is in compliance with the City’s growth policy. The Planning Board shall hold a public hearing on all major subdivisions for which a public hearing is required. Pursuant to Section 76-1-107, MCA the Planning Board has delegated its review of all minor subdivisions from a tract of record to the Planning Director. 1. Public Testimony. All written public comment received at or prior to a public hearing shall be incorporated into the written record of the review. Minutes shall be taken of verbal comment received during the public hearing or public meeting before the Planning Board and shall be incorporated into the written record of the review. Copies of the minutes and written comments shall be included in any recommendation made to the City Commission by the Planning Board. 2. Planning Board Recommendation. Within ten working days of their review, the Planning Board shall submit in writing to the City Commission, a resolution forwarding its advice regarding compliance with the City’s growth policy, and a recommendation for approval, conditional approval or denial of the subdivision application. D. Planning Director Review. The Planning Director shall review all minor subdivision applications, together with required supplementary plans and information, and determine whether the plat is in compliance with the city’s growth policy. The Planning Director shall make a written recommendation including a summary of the agency review and analysis of the review criteria established in this title and a recommendation for approval, conditional approval or denial of the subdivision application 1. Public Testimony. All written public comment received during the planning director’s review shall be incorporated into the written record of the review. 100 Page 5 of 23 Copies of written comments shall be included in any recommendation made to the city commission by the planning director. ED. City Commission Review. The City Commission shall review and take action on all proposed subdivisions. 1. The following requirements for a public hearing or a public meeting, and for statutory review periods, shall be met: a. First Minor Subdivision Created from a Tract of Record. The City Commission shall consider the subdivision application and the Planning Director’s Board’s recommendation during a regular public meeting of the Commission. The City Commission, when legal and physical access is provided to all lots shall approve, conditionally approve or deny the subdivision application of a first minor subdivision within thirty-five working days of the determination that the application is adequate, unless there is a written extension from the developer for a period not to exceed one year. A minor subdivision must reviewed as a second or subsequent minor subdivision if the Tract has been previously subdivided or created by a subdivision; or the Tract has descended from a tract of record which has previously been divided by exemption or other means into 6 or more tracts of record since July 1, 1973. (1) Variance Requests for Minor Subdivisions. If the developer of a minor subdivision is requesting a variance from any requirement of this title, the procedures of §18.66.070, BMC must be followed except that a public hearing shall not be held. b. Subdivisions Eligible for Summary Review. The City Commission shall consider the application and the Planning Director’s Board’s recommendation during a regular public meeting of the Commission. The City Commission shall approve, conditionally approve or deny a proposed subdivision that is eligible for summary review within thirty-five calendar days of determination that the application is adequate, unless there is a written extension from the developer. Minor subdivisions are eligible for summary review if the plat has been approved by the Montana Department of Environmental Quality whenever approval is required by §76-4-101 et seq., MCA. c. Second or Subsequent Minor Subdivision Created From a Tract of Record. For the second or subsequent minor subdivision created from a tract of record, the City Commission shall hold a public hearing on the subdivision application. The City Commission shall approve, conditionally approve or deny the subdivision application of a second or subsequent minor subdivision within sixty working days of the determination that the 101 Page 6 of 23 application is adequate for review, unless there is a written extension from the developer, not to exceed one year. d. Major Subdivisions. For a major subdivision, the City Commission shall hold a public hearing on the subdivision application. The City Commission shall approve, conditionally approve or deny the subdivision application within sixty working days of the determination that the application is adequate for review if the subdivision has less than 50 lots, and within 80 working days of the determination that the application is adequate for review if the subdivision has 50 or more lots, unless there is a written extension from the developer, not to exceed one year. e. Public Testimony. All written public comment received at a public meeting or public hearing prior to a decision to approval, approve with conditions, or deny a subdivision application shall be incorporated into the written record of the review. Minutes shall be taken of verbal comments received during the public hearing before the City Commission and shall be incorporated into the written record of the review maintained by the City. f. New and Credible Information. The City Commission shall determine whether public comments or documents presented to the City Commission at a public hearing regarding a subdivision application held pursuant to §18.06.040.D, BMC constitute: (1) Information or analysis of information that was presented at a public hearing held pursuant to §18.06.040.D, BMC that the public has had a reasonable opportunity to examine and on which the public has had a reasonable opportunity to comment; or (2) New information regarding a subdivision application that has never been submitted as evidence or considered by either the City Commission, Planning Board or by city staff at a hearing during which the subdivision application was considered. (3) If the City Commission determines that the public comments or documents constitute new information not previously considered at a public hearing, the City Commission may: (a) Approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information if the governing body determines that the new information is either irrelevant or not credible; or (b) Schedule or direct its agent or agency to schedule a subsequent public hearing before the City Commission for consideration of only the new information that may have an impact on the findings and conclusions that the governing body will rely upon in making its decision on the proposed subdivision. (c) In deciding whether the information is both new and credible the City Commission shall consider: 102 Page 7 of 23 (1) Whether the topic of the information has previously been examined or available for examination at a public hearing on the subdivision application; (2) Whether the information is verifiable, and if applicable developed by a person with professional competency in the subject matter; (3) Whether the information is relevant to a topic within the jurisdiction of the City. (4) If a subsequent public hearing is held to consider new and credible information, the 60 working day review period required in §18.06.040.D is suspended and the new hearing must be noticed and held within 45 days of the governing body's determination to schedule a new hearing. After the new hearing, the otherwise applicable time limit for review resumes at the governing body's next scheduled public meeting for which proper notice for the public hearing on the subdivision application can be provided. The governing body may not consider any information regarding the subdivision application that is presented after the hearing when making its decision to approve, conditionally approve, or deny the proposed subdivision. g. When the subdivision does not qualify, pursuant to §76-4-125(2), MCA, for the certification established in §18.06.050, BMC, the City shall at any public hearing collect public comment given regarding the information required by §18.78.050.I, BMC regarding sanitation. The City shall make any comments submitted or a summary of the comments submitted available to the subdivider within 30 days after conditional approval or approval of the subdivision application. (1) The subdivider shall, as part of the subdivider's application for sanitation approval, forward the comments or the summary provided by the governing body to the: (a) Reviewing authority provided for in Title 76, chapter 4, for subdivisions that will create one or more parcels containing less than 20 acres; and (b) Local health department or board of health for proposed subdivisions that will create one or more parcels containing 20 acres or more and less than 160 acres. (2) Parcel Size. (a) For a proposed subdivision that will create one or more parcels containing less than 20 acres, the governing body may require approval by the department of environmental quality as a condition of approval of the final plat. (b) For a proposed subdivision that will create one or more parcels containing 20 acres or more, the governing body may condition approval of the final plat upon the subdivider demonstrating, pursuant to MCA 76-3-604, that 103 Page 8 of 23 there is an adequate water source and at least one area for a septic system and a replacement drainfield for each lot. 2. Criteria for City Commission Action. The basis for the City Commission’s decision to approve, conditionally approve or deny the subdivision shall be whether the subdivision application, public hearing if required, Planning Board advice and recommendation and additional information demonstrates that development of the subdivision complies with this title, the City’s growth policy, the Montana Subdivision and Platting Act and other adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The City Commission may not deny approval of a subdivision based solely on the subdivision’s impacts on educational services. When deciding to approve, conditionally approve or deny a subdivision application, the City Commission shall: a. Review the preliminary plat, together with required supplementary plans and information, to determine if it meets the requirements of this title, the development standards and policies of the City’s growth policy, the Montana Subdivision and Platting Act, and other adopted state laws and local ordinances, including but not limited to applicable zoning requirements. b. Consider written comments from appropriate public agencies, utilities or other members of the public. c. Consider the following: (1) Relevant evidence relating to the public health, safety and welfare; (2) Other regulations, code provisions or policies in effect in the area of the proposed subdivision; (3) The recommendation of the Planning Board; and (4) Any relevant public testimony. d. When the subdivision does not qualify, pursuant to §76-4-125(2), MCA, for the certification established in §18.06.050, BMC the City Commission may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to §18.78.050.I, BMC, or public comment received pursuant to 76-3-604 on the information provided pursuant to §18.78.050.I, BMC. A conditional approval or denial shall be based on existing subdivision, zoning, or other regulations that the City Commission has the authority to enforce. 104 Page 9 of 23 3. City Commission Action. If the City Commission denies or conditionally approves the subdivision application, it shall forward one copy of the plat to the developer accompanied by a letter over the appropriate signature stating the reason for disapproval or enumerating the conditions that must be met to ensure approval of the final plat. This written statement must include: a. The reason for the denial or condition imposition; b. The evidence that justifies the denial or condition imposition; and c. Information regarding the appeal process for the denial or condition imposition. 4. Mitigation. The City Commission may require the developer to design the subdivision to reasonably minimize potentially significant adverse impacts identified through the review required by this title. The City Commission shall issue written findings to justify the reasonable mitigation required by this title. The City Commission 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 City Commission shall consult with the developer and shall give due weight and consideration to the expressed preference of the developer. 5. Findings of Fact. Within 30 working days of the final action to approve, deny, or approve with conditions a subdivision, the City Commission shall issue written findings of fact that discuss and weigh the following criteria, as applicable (pursuant to §76-3-608, MCA): a. Criteria. (1). Compliance with the survey requirements of the Montana Subdivision and Platting Act; (2). Compliance with this title and the review process of these regulations; (3). The provision of easements to and within the subdivision for the location and installation of any necessary utilities; (4). 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; and (5). For major subdivisions, the findings of fact shall also address the effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety. 105 Page 10 of 23 b. Required Components. The written findings of fact shall contain at a minimum: (1) Information regarding the appeal process for the denial or imposition of conditions; (2) Identifies the regulations and statutes used in reaching the decision to deny or impose conditions and explains how they apply to the decision; (3) Provides the facts and conclusions that the governing body relied upon in making its decision to deny or impose conditions. The documents, testimony, or other materials that form the basis of the decision and support the conclusions of the governing body may be incorporated into the written findings by reference. 6. Initial Subdivision Application Approval Period. Upon approving or conditionally approving a subdivision application, the City Commission shall provide the developer with a dated and signed findings of fact and order statement of approval. This approval shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions after the date of the findings of fact and order. At the end of this period, the City Commission may, at the written request of the developer, extend its approval for a mutually agreed-upon period of time. for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §18.74.060, BMC. 7. Extensions Of Preliminary Plat Approval Period. Any mutually agreed upon extension must be in writing and dated and signed by the subdivider or their authorized agent and by the City Commission or their authorized agent. More than one extension may be requested for a particular subdivision. Each request shall be considered on its individual merits. An extension of the subdivision approval under Chapter 18.06, BMC does not extend other City or non-City agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. Individual extensions may be approved by the Planning Director when the extension is for a period of not more than two years. Extensions for more than two years shall be approved by the City Commission after notice equivalent to that for a first minor subdivision. When evaluating an extension request, the City shall consider: a. Changes to the development regulations since the original approval and whether the subdivision as originally approved is essentially compliant with the new regulations; 106 Page 11 of 23 b. Progress to date in completing the subdivision as a whole and any phases, including maintenance of the remainder of the site in good condition; c. Phasing of the subdivision and the ability for existing development to operate without the delayed development; d. Dependence by other development on any public infrastructure or private improvements to be installed by the subdivision; e. Demonstrated ability of the subdivider to complete the subdivision; f. Whether mitigation for impacts of the subdivision identified during the preliminary plat review and findings of fact and order remain relevant, adequate, and applicable to the present circumstances of the subdivision and community. 87. Changes to Conditions After Approval. Upon written request of the developer, the City Commission may amend conditions of subdivision application approval where it can be found that errors or changes beyond the control of the developer have rendered a condition unnecessary, impossible or illegal. Changes to conditions that are not unnecessary, impossible or illegal shall be subject to the provisions of §18.02.070, BMC. a. The written request shall be submitted to the Planning Department. b. The written consent of all purchasers of land (via contract for deed, etc.) shall be included with the written request to amend conditions. c. If it is an application for a major subdivision, the City Commission shall conduct a public hearing on the request. If it is an application for a minor subdivision, the City Commission shall consider the request at a regularly scheduled meeting. (1) If a public hearing is held, public notice of the hearing shall be given in accordance with this title. d. The City Commission may approve the requested change if it meets the criteria set forth in this title. e. The City Commission shall issue written findings of fact as required in this title. Section 2 Section 18.08.010 of the Bozeman Municipal Code be amended so that such section shall read as follows: 107 Page 12 of 23 18.08.010 GENERAL A. Land subdivisions created by rent or lease, rather than sale, refer to areas that provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles regardless of the size of the area or whether the spaces will be made available for rent by the general public for a fee. The land shall be owned as one parcel under single ownership, which can include a number of persons owning the property in common. Subsequent action to sell interests in less than the entirety of the development may necessitate review under parts 5 and 6 of the Montana Subdivision and Platting Act prior to any sale. Subdivisions complying with §§18.10.010. H and 18.10.010.I, BMC, are not subject to this chapter. Land subdivisions created by rent or lease are not subject to this chapter or the Montana Subdivision and Platting Act if: 1. They are developed on property which has been subdivided in compliance with parts 5 and 6 of the Montana Subdivision and Platting act or which have a boundary documented by a Certificate of Survey recorded after July 1, 1973; and 2. They are reviewed as a site plan, conditional use permit, or planned unit development as described and authorized under this title; and 3. They comply with the adopted zoning regulations and other land development standards adopted by the City. B. Land proposed for a subdivision created by rent or lease shall have a RMH, Residential Manufactured Home or RS, Residential Suburban zoning designation. BC. DPHHS License. If a land subdivision by rent or lease, that will provide multiple spaces for manufactured homes, mobile homes or recreational camping vehicles is also a “campground,” “trailer court,” “work camp,” or “youth camp” as defined below, the City Commission shall not grant final approval until the developer obtains a license for the facility from the Montana Department of Public Health and Human Services (DPHHS) under Title 50, Chapter 52, MCA. 1. “Campground” means a parcel of land available to and principally used by the public for camping, where persons can camp, secure tents or cabins, or park trailers for camping and sleeping purposes. 2. “Trailer court” means a parcel of land upon which two or more spaces are available to the public and designated for occupancy by trailers, manufactured homes or mobile homes for use as residences. The term does not include a parcel composed of platted lots, if each lot: a. Is filed with the County Clerk and Recorder; b. Contains only one trailer space; and c. Is served by a public water supply system and public sewage system that meet the requirements of rules for systems adopted pursuant to Title 75, Chapter 6, Part 1, MCA, and that are located within the boundaries of the City of Bozeman. 3. “Work camp” means a parcel of land on which housing is provided by a person for two or more families or individuals living separately, for the exclusive use of the employees of the person and the families, if any, of the employees. For purposes of this subsection, “housing” includes but is not limited to camping 108 Page 13 of 23 spaces; trailer parking spaces; manufactured, mobile, modular or permanent barracks or structures; and any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. Housing does not include shelter provided by an employer for persons who are employed to perform agricultural duties on a ranch or farm. 4. “Youth camp” means a parcel of land on which permanent buildings, tents or other structures are maintained as living quarters for ten or more people and that is used primarily for educational or recreational use by minors. The term includes any appurtenant water supply and distribution system, sewage collection and disposal system, solid waste collection and disposal system, or food service and dining facilities. CD. Surveying and Filing Requirements Exemption. Land subdivisions created by rent or lease are exempt from the surveying and filing requirements of the Montana Subdivision and Platting Act. Section 3 Section 18.10.010 of the Bozeman Municipal Code be amended so that such section shall read as follows: 18.10.010 DIVISIONS OF LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS OF THIS TITLE PERTAINING TO SUBDIVISIONS AND THE MONTANA SUBDIVISION AND PLATTING ACT Unless the method of disposition is adopted for the purpose of evading this title or the Montana Subdivision and Platting Act (the “Act”), the requirements of this title pertaining to subdivisions and the Act may not apply when: A. A division of land is created by order of any court of record in this state or by operation of law or that, in the absence of agreement between the parties to the sale, could be created by an order of any court in the state pursuant to the law of eminent domain (§76- 3-201(1)(a), MCA); 1. Before a court of record orders a division of land, the court shall notify the governing body of the pending division and allow the governing body to present written comment on the division. B. A division of land is created to provide security for mortgages, liens or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing purposes (§76-3-201(1)(b), MCA). This exemption applies; 1. To a division of land of any size; 2. If the land that is divided is not conveyed to any entity other than the financial or lending institution to which the mortgage, lien or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien or trust indenture. A transfer of the divided land, by the owner of the property at the time that the land was divided, to any party other than those identified in this subsection subjects the 109 Page 14 of 23 division of land to the requirements of the Montana Subdivision and Platting Act and Chapter 18.06, BMC. 3. To a parcel that is created to provide security, however the remainder of the tract of land is subject to the provisions of the Montana Subdivision and Platting Act and Chapter 18.06, BMC if applicable. C. A division of land creates an interest in oil, gas, minerals or water that is severed from the surface ownership of real property (§76-3-201(1)(c), MCA); D. A division of land creates cemetery lots (§76-3-201(1)(d), MCA); E. A division of land is created by the reservation of a life estate (§76-3-201(1)(e), MCA); F. A division of land is created by lease or rental for farming and agricultural purposes (§76-3-201(1)(f), MCA); G. A division of land is created for rights-of-way or utility sites. A subsequent change in the use of the land to a residential, commercial or industrial use is subject to the requirements of the Montana Subdivision and Platting Act and Chapter 18.06, BMC (§76-3-201(1)(h), MCA); H. The land upon which an improvement is situated has been subdivided in compliance with this title 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 (§76-3-202, MCA); I. The sale, rent, lease or other conveyance of one or more parts of one or more a buildings, structures or other improvements, whether existing or proposed, is not a division of land when a transferable parcel of land with an individual legal description is not created. The sale, rent, lease or other conveyance of one or more parts of buildings, structures or other improvements, whether existing or proposed, is subject to zoning standards and review procedures (§76-3-204, MCA); J. A division of land created by lease or rental of contiguous airport-related land owned by a city, county, the state, or a municipal or regional airport authority provided that the lease or rental is for onsite weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier-related activities (§76-3-205(1), MCA); K. A division of state-owned land unless the division creates a second or subsequent parcel from a single tract for sale, rent or lease for residential purposes after July 1, 1974 (§76- 3-205(2), MCA); and L. Deeds, contracts, leases or other conveyances that were executed prior to July 1, 1974 (§76-3-206, MCA). Section 4 Section 18.10.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: 110 Page 15 of 23 18.10.020 SPECIFIC DIVISIONS OF LAND EXEMPT FROM REVIEW BUT SUBJECT TO SURVEY REQUIREMENTS AND ZONING REGULATIONS FOR DIVISIONS OF LAND NOT AMOUNTING TO SUBDIVISIONS Unless the method of disposition is adopted for the purpose of evading this title or the Act, the following divisions or aggregations of land are not subdivisions under this title and the Act, but are subject to the surveying requirements of §76-3-401, MCA for lands other than subdivisions and are subject to applicable zoning regulations adopted under Title 76, Chapter 2, MCA. A division of land may not be made under this section unless the County Treasurer has certified that no real property taxes and special assessments assessed and levied on the land to be divided are delinquent. The County Clerk and Recorder shall notify the Planning Department of any land division described in this section or §76-3-207 (1), MCA. A. Divisions made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties (§76-3-207(a), MCA); B. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county to each member of the landowner’s immediate family (§76-3-207(b), MCA); C. Divisions made outside of platted subdivisions by gift, sale or a agreement to buy and sell in which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the City of Bozeman and the property owner that the divided land will be used exclusively for agricultural purposes (§76-3-207(c), MCA); D. For five or fewer lots within a platted subdivision, the relocation of common boundaries where the relocation does not cross public or private street rights of way or an external boundary of the subdivision. (§76-3-207(d), MCA). The restriction of 76-3-207(2), MCA on the number of lots to be rearranged and designation of review authority shall not apply in such instances; and E. Divisions made for the purpose of relocating a 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 (§76-3-207(e), MCA). F. Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the boundaries of the original parcels have been eliminated and the boundaries of the larger aggregate parcel are established. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas (§76-3-207(f), MCA). The restriction of 76-3-207(2), MCA on the number of lots to be rearranged and designation of review authority shall not apply in such instances. Section 5 Section 18.10.030 of the Bozeman Municipal Code be amended so that such section shall read as follows: 18.10.030 EXEMPTIONS FROM SURVEYING AND FILING REQUIREMENTS BUT SUBJECT TO REVIEW Subdivisions created by rent or lease are exempt from the surveying and filing requirements of Chapter 18.06, BMC and the Montana Subdivision and Platting Act, but must be submitted for 111 Page 16 of 23 review and approved by the City Commission before portions thereof may be rented or leased unless exempted by Chapter 18.08, BMC. Section 6 Section 18.10.070.E of the Bozeman Municipal Code be amended so that such section shall read as follows: E. For five or fewer lots within a platted subdivision, relocation of common boundaries and the aggregation of lots (§76-3-207(d), MCA). 1. The proper use of the exemption for aggregation of lots and/or relocation of common boundaries is the rearrangement and/or aggregation of five or fewer lots within a platted subdivision which does not increase the total number of lots within the subdivision. The plat shall contain the title “amended plat” and must be filed with the County Clerk and Recorder. 2. The amended plat showing the aggregation of lots and/or relocation of common boundary within a platted subdivision must be accompanied by: a. An original deed 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; b. Documentation showing the need or reason for the relocation (for example: structure encroachment, surveyor error, or enhancement of the configuration of the property); and 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 City 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 the relocation crosses the boundary of a public or private street right of way or the external boundary of the subdivision. six or more lots are affected by the proposal. 4. Any division of lots which results in an increase in the number of lots or which redesigns or rearranges six or more lots must be reviewed as a subdivision and approved by the City of Bozeman prior to the filing of the final plat. Section 7 Section 18.40.120 of the Bozeman Municipal Code be amended so that such section shall read as follows: 112 Page 17 of 23 18.40.120 MANUFACTURED HOME COMMUNITIES Manufactured home communities are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures unless exempted per Section 18.08.010. These When both review processes are required they will be reviewed concurrently when appropriate. All standards of this title are applicable unless explicitly waived. A. State of Montana Requirements. All manufactured home communities developed under this section shall comply with Montana State Department of Public Health and Human Services, Department of Environmental Quality and any other applicable state regulations. Prior to final approval for a manufactured home community, copies of approval letters from relevant state agencies shall be submitted or compliance with all applicable regulations shall be certified by a professional civil engineer licensed by the State of Montana. B. Lot Improvements. The location of boundaries of each manufactured home lot for rent or lease shall be clearly and permanently marked on the ground with flush stakes, markers or other suitable means. The location marked must be closely approximate to those depicted on the approved plans. 1. Utility Hookup. Every manufactured home shall be permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable City codes, and all utility distribution and service lines shall be installed underground. 2. Permanent Foundations and Anchoring. All manufactured homes shall be required to be tied or otherwise physically anchored to an approved permanent concrete foundation. Building permits for foundations and anchoring, issued through the City Building Department in accordance with the adopted International Building Code, are required. The method of anchoring and foundations shall be specified as part of the required preliminary development review. 3. Maintenance. a. There shall be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies. b. No manufactured home may be parked on a public or private street for more than twenty-four hours. c. An abandoned, burned or wrecked manufactured home must be secured against entry as directed by the Fire Marshall and may not be kept on a lot for more than forty-five days. d. Each manufactured home must bear an insignia which attests that the construction of the manufactured home meets regulation A 119.1 of the American National Standards Institute (adopted by the U.S. Department of Housing and Urban Development), or be certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. 113 Page 18 of 23 e. Within twenty-one days of placement, standard manufactured home skirting of fire-resistive material similar in character to that of the manufactured home must be provided around the entire perimeter of the manufactured home between the bottom of the body of the manufactured home and the ground, except where the running gear has been removed and the manufactured home itself is attached directly to the permanent foundation. f. All required front yards of lots for rent or lease for manufactured homes shall be fully landscaped. g. All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc. shall be landscaped and irrigated. 4. Manufactured home lots for rent or lease shall be arranged to permit the practical placement and removal of manufactured homes. Every lot for rent or lease must front on a public or private street. C. Permits and Inspections. 1. Owner’s and Agent’s Responsibility. It shall be the responsibility of the individual property owners or, in the case of a rental community, the managers of the rental community to see that all sections of this article are complied with, including requirements relative to placement of manufactured homes, and all required permits. 2. Move In Permit Required. All manufactured homes moved into the City must be issued a move-in permit, pursuant to this section, and be inspected by the City Building Official, prior to gas and electric service being turned on by the servicing utility. A copy of the original sales contract shall be available for permit informational purposes. 3. City Inspection Required. a. The required inspections for manufactured homes shall include: onsite utilities requirements including gas, electric, sewer and water; setback requirements; and off-street parking requirements. Fees for these have been established by the City Commission by resolution. b. It is unlawful for any person, firm, corporation or agency to turn on, or allow to be turned on, any gas or electric service without an inspection and clearance from the City Building Official. 4. Non-Manufactured Home Improvements Subject to the International Building Code. Permits must be obtained for additions, alterations, canopies, carports, storage areas and detached refrigeration units that were not included in the original sale of the manufactured home unit, fees for which are set by the International Building Code and Uniform Mechanical Code. D. Plans. The preliminary and final plans shall accurately depict: 1. All proposed and required landscaping; 114 Page 19 of 23 2. Locations of storage areas for recreational vehicles and other chattels of the residents; 3. A layout of typical lots for rent or lease showing the location and dimensions of the lot, manufactured home stand, driveway and parking spaces; 4. Mail delivery area; and 5. Foundation and anchoring details. E. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall be provided for every manufactured 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 otherwise comply with the requirements of this title. F. Landscaping may be required by the City Commission to provide a buffer between manufactured home communities 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 City considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy streets. G. Recreation Areas. At a minimum, the amount of land required to be dedicated under §18.50.020, BMC, shall be reserved as park or recreation area. Recreation areas may include space for community recreation buildings and facilities. 1. Public access through the recreation area may be required, through the provision of a written public access easement, if it is determined by the City commission that public access is necessary to ensure public access through the private recreational area from adjoining properties to nearby or adjacent public parks. H. Accessory Buildings. Accessory buildings for individual dwellings are subject to §18.38.050, BMC. Section 8 Section 18.40.170 of the Bozeman Municipal Code be amended so that such section shall read as follows: 18.40.170 RECREATIONAL VEHICLE PARK AND OVERNIGHT CAMPGROUND Recreational vehicle parks and overnight campgrounds are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision procedures unless exempted by Section 18.08.010. A. Recreational vehicle parks shall be screened from view of any adjacent residential development. B. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface. C. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust free surface. D. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter of the park and 30 feet from any public street right-of-way. 115 Page 20 of 23 E. Approved trash disposal, bathroom and laundry facilities, including facilities for the handicapped, shall be provided for use of overnight campers. F. Recreational vehicles spaces shall be separated by no less than 15 feet and shall be no less than 1,500 square feet in area. G. Land proposed for use for a recreational vehicle park must have a R-S, Residential Suburban District or a RMH, Residential Manufactured Home Community District zoning designation. Recreational vehicle parks are a principal use in the RMH district and a conditional use in the R-S district. Section 9 Section 18.74.030.B.2 of the Bozeman Municipal Code be amended so that such section shall read as follows: 2. Sidewalks. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Should a subdivider choose not to install all sidewalks prior to final plat, an improvements agreement shall be entered into with the City of Bozeman guaranteeing the completion of all sidewalks within the subdivision within a three-year period or as described in subsection (b) below. The developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of these remaining sidewalk improvements. a. The subdivider shall install sidewalks adjacent to public lands, including but not limited to, parks, open space, and the intersection of alleys and streets or street easements. Sidewalks in these areas shall be installed prior to final plat approval, or shall be subject to an approved improvements agreement and financially guaranteed. b. Except as provided in subsection (c) below, Uupon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said the required sidewalk shall, without further notice, construct within 30 days, said the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. c. On any face of a block between any two intersecting streets where less than 50% of lots have been issued a building permit, and when construction of a sidewalk is not immediately required to provide pedestrian connectivity to the destinations described in 4 below, the Planning Director may allow the lot owner up to an additional two (2) year period to construct the sidewalk. The additional time is subject to either an extension of an existing improvements agreement with the subdivider or the entering into of a new improvements agreement with the lot owner(s). The Planning Director may authorize subsequent extensions in up to two- year increments. The granting of an extension does not allow sidewalk installation to be delayed beyond occupancy of any structure on an 116 Page 21 of 23 individual lot. The provision of a financial guarantee in a form acceptable to the City shall not be waived. The following information in map and/or text form shall be provided for all requests to extend the time period to complete subdivision sidewalks: 1. The total number of residential lots in the subdivision. 2. The percent of subdivision lots that have been sold and are no longer under subdivider’s/applicant’s ownership 3. The percent of subdivision lots that have been sold and are still vacant. 4. A description of adjoining subdivisions, public parklands, open spaces, neighborhood commercial nodes, commercial centers and public trail corridors within one-half mile of the subdivision. 5. Describe what public sidewalks and/or public trails within the interior of the subdivision are proposed to be completed that will provide effective connectivity within the interior of the subdivision, as well as adjoining subdivisions, public parklands, open space, neighborhood commercial nodes, commercial centers and public trail systems. 6. Describe the extended time period being requested to complete the required subdivision sidewalks. 7. Provide a copy of the final plat and at least one colored exhibit illustrating the subdivision being considered, along with the number of lots sold, those developed with residential structures, vacant lots, those lots/areas where sidewalks have been constructed, and remaining lots still under applicant’s ownership. Section 10 Repealer All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 11 Savings Provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 12 Severability 117 Page 22 of 23 That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 13 Codification The provisions of Section 1 - 9 shall be codified as appropriate in Title 18, Unified Development Ordinance, of the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. Section 14 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 27th day of June, 2011. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 118 Page 23 of 23 FINALLY 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 ________________, 2011. The effective date of this ordinance is __________, __, 2011. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 119