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.
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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
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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
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