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HomeMy WebLinkAboutOrdinance 02- 1566 Revisions to Subdivision Title 16 with Exhibit Am...__ ORDINANCE NO. 1566 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE COMPREHENSIVE REVISIONS TO THE CITY OF BOZEMAN SUBDIVISION ORDINANCE, A TT ACHED HERETO AND INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN. WHEREAS, Title 76, Chapter 3, part 5, MCA, requires the City to enact a subdivision ordinance and to provide for its administration, enforcement, and amendment, and WHEREAS, the City Commission, pursuant to the provisions of Title 76, Chapter 1, Part 6, MCA, has adopted a growth policy for its jurisdictional area and regulations have been prepared in accordance with the plan, and WHEREAS, Sections 76-1-606 and 76-3-504(1)(1), MCA, require subdivision regulations to be in accordance with a growth policy, and WHEREAS, the Montana State Legislature promulgated new statutes related to the regulation of the division of land during the 1999 and 2001 legislative sessions, and these new statutes are reflected in the Montana Code Annotated; and WHEREAS, the City of Bozeman's subdivision regulations have not been substantially revised since 1997 and must be updated to reflect changes in state statutes resulting from the 1999 and 2001 state legislative sessions; and WHEREAS, the Bozeman City-County Planning program was dissolved by the Gallatin County Commission in 1999; and WHEREAS, the City's subdivision regulations still contain references to the City-County Planning program and standards for development in the county that must be removed; and WHEREAS, other minor revisions to the City's regulations are needed in areas such as definitions and terminology; names and titles; numbering; grammatical, punctuation and spelling errors; and document organization; and WHEREAS, the City Commission determined that amendments to the subdivision regulations are needed to bring the City's subdivision regulations into compliance with state statute and the new adopted growth policy, and to remove language remaining from the now defunct Bozeman City-County Planning program; and WHEREAS, the City Commission determined that a certain subset of revisions to the subdivision regulations were of the most importance for immediate consideration and possible implementation, and WHEREAS, amendments to the subdivision regulations were drafted for consideration by the public, advisory bodies, and elected officials; and WHEREAS, the draft amendments were the subject of public hearings before the Planning Board on March 19,2002 and April 2, 2002; and WHEREAS, the Planning Board forwarded a recommendation of text revisions to the City Commission for their consideration as required by Section 16.30.020 BMC; and WHEREAS, the City Commission held public hearings to take public testimony and consider the recommendation of the Planning Board on April 15, 2002 and April 22, 2002; and WHEREAS, the City Commission found that the amendments as recommended by the Planning Board with certain minor changes were desirable to help bring the subdivision regulations into compliance with state statute and the City's adopted growth policy; and WHEREAS, the City Commission found that additional revisions to the subdivision regulations are necessary to fully develop subdivision regulations in compliance with state statute and the City's adopted growth policy and directed staff to proceed with the development of such additional revisions; and WHEREAS, the City Commission voted to adopt and implement the proposed revisions to the subdivision regulations as an initial step to full compliance with state statute and the adopted growth policy; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 This Ordinance is adopted under the authority of the Montana Subdivision and Platting Act, Title 76, Chapter 3, Montana Code Annotated. Section 2 The purposes of these regulations are 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 for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public requirements; to require development in harmony with the natural environment; and to require uniform monumentation of land subdivisions and transferring interests in real property by reference to plat or certificate of survey. 2- Section 3 Further, to support the purposes of 76-3-102, MCA, these regulations are intended to promote: 1. The orderly development of the jurisdictional area. 2. The coordination of roads within subdivided land with other roads, both existing and planned. 3. The dedication of land for roadways and for public utility easements. 4. The provision of proper physical and legal road access, including obtaining of necessary easements. 5. The provision of adequate open spaces for travel, light, air and recreation. 6. The provision of adequate transportation, water, drainage, and sanitary facilities. 7. The avoidance or minimizing of congestion. 8. The avoidance of subdivision which would involve unnecessary environmental degradation. 9. The avoidance of danger or injury by reason of natural hazard or the lack of water, drainage, access, transportation or other public services. 10. The avoidance of excessive expenditure of public funds for the supply of public services. 11. The manner and form of making and filing of any plat for subdivided lands. 12. The administration of these regulations by defining the powers and duties of approving authorities including procedures for the review and approval of all plats of subdivisions covered by these provisions. Section 4 That Title 16 of the Bozeman Municipal Code be replaced in its entirety by a newly revised subdivision ordinance and that the newly revised Title 16 shall read as follows: See Exhibit A. Section 5 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 6 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held 3- u_.______ n _ ____.. u _ __n__ _.__ 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 7 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred, approved and permitted projects, or legal proceedings that began before the effective date of this ordinance. Section 8 Effective Date. This ordinance shall be in full force and effect 30 days after second reading by the Bozeman City Commission. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 28th day of May 2002. ATTEST: srJ;;~ JF;! 1~ RO N L. SULLIVAN Clerk of the Commission PASSED, ADOPTED AND APPROVED by the City Commission ofthe City of Bozeman, Montana, on second reading at a regular session thereof held on the 10th day of June 2002. ATTEST: ST~K~~ J~ R BIN L. SULLIVAN Clerk of the Commission 4-