HomeMy WebLinkAboutOrdinance 02- 1582 revising Subdivision Regulations, with exhibit ORDINANCE NO. 1582
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A NEW SUBDIVISION ORDINANCE TO BRING THE
CITY'S SUBDIVISION REGULATIONS INTO COMPLIANCE WITH STATE
STATUTE AND INTO CONFORMANCE WITH THE RECENTLY ADOPTED
MUNICIPAL GROWTH POLICY.
WHEREAS,on October22,2001,the City Commission adopted Resolution No.3486,adopting
the Bozeman 2020 Community Plan,a growth policy in compliance with Title 76, Chapter 1, Part 6, MCA;
and
WHEREAS,Sections 76-1-605(3)and 76-3-504(I), MCA,require subdivision regulations to be in
accordance with a growth policy; 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 adopted growth
policy; and
WHEREAS, other miscellaneous amendments to the subdivision regulations were required to
clarify or formalize City of Bozeman policies; 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 a public hearing before the Planning Board
on September 4, 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, Bozeman Municipal Code; and
WHEREAS,the City Commission held public hearings totake public testimony and considerthe
recommendation of the Planning Board on September 16, 2002 and September 23, 2002; and
WHEREAS,the City Commission found that the amendments as recommended bythe 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 voted to adopt and implement the proposed revisions to the
subdivision regulations to bring the regulations into full compliancewith state statute and conformance with
the adopted growth policy.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
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 2
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 3
Savings Provision. This ordinance does notaffectthe rights and duties that matured,penalties
that were incurred or proceedings that were begun before the effective date of this ordinance.
Section 4
Severability. If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may
be given effect without the invalid provisions or application and,to this end,the provisions of this ordinance
are declared to be severable.
Section 5
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final
adoption.
PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular
session thereof held on the 7th day of October 2002.
:ZC -
ST VEN R. KI C OFF, Mayor
ATTEST:
v
ROBIN L. SULLIVAN
Clerk of the Commission
- 2 -
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 21 st day of October
2002.
ATTEST: S EV N R. KIRIGBHOFF, Mayor
a
R0EflN L. SULLIVAN
Clerk of the Commission
APPROVED S TO FORM:
PAUL J. LU
City Attorney
- 3 -
TITLE 16
B OZE MAN MUNI CI PAL CODE
SUBDIVISIONS
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EFFECTIVE DATE OFNOV•EMBER21,2002
TABLE OF CONTENTS
CHAPTER 16.02 GENERAL PROVISIONS 1
16.02.010 Title 1
16.02.020 Authority 1
16.02.030 Jurisdiction 1
16.02.040 Purpose 1
16.02.050 Severability Clause 2
16.02.060 Conditions 2
16.02.070 Effect of Approval 2
16.02.080 Subdivisions That Lie Partially Within Two Jurisdictions 2
16.02.090 Subdivision and Annexation 2
CHAPTER 16.04 DEFINITIONS 3
CHAPTER 16.06 GENERAL PROCEDURES 15
16.06,010 Construction Timing 15
16.06.020 Transfers of Title 15
16.06.030 Effect of Recording Complying Plat 16
16.06.040 Permission to Enter 16
16.06.050 Appeals 16
16.06.060 Donations or Grants to Public Considered a Grant to Donee 16
CHAPTER 16.08 PLAN AND PLAT INFORMATION REQUIREMENTS 17
16.08.010 General 17
16.08.020 Pre-Application Plan 17
16.08.030 Preliminary Plat 18
16.08.040 Preliminary Plat Supplements Required for All Subdivisions 19
16,08.050 Additional Preliminary Plat Supplements 20
16.08.060 Streambed, Streambank and/or Wetlands Permits 29
16.08.070 Final Plat 29
16.08,080 Final Park Plan 33
16.08.090 Irrigation System As-Builts 33
16.08.100 Changes to Filed Subdivision Plats 33
CHAPTER 16.10 REVIEW PROCEDURES FOR MAJOR SUBDIVISIONS 35
16.10.010 General Procedures 35
16.10.020 Pre-Submittal Meeting 35
16.10.030 Pre-Application Plan 35
16.10.040 Concurrent Review 35
16.10.050 Preliminary Plat 36
16.10.060 Notice of Certification That Water and Waste Services Will Be Provided 39
by Local Government
16.10.070 Final Plat Application 40
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CHAPTER 16.12 REVIEW PROCEDURES FOR MINOR SUBDIVISIONS 41
16.12.010 General Procedure 41
16.12.020 Pre-Submittal Meeting or Pre-Application Plan 41
16.12.030 Review Procedures for Minor Subdivisions 42
16.12.040 Preliminary Plat Review 42
16.12.050 Notice of Certification That Water and Waste Services Will Be Provided 45
By Local Government
16.12.060 Final Plat Application 46
CHAPTER 16.14 DESIGN AND IMPROVEMENT STANDARDS, GENERAL 47
16.14.010 General Standards 47
16,14.020 Centers 47
16.14.030 Lots 48
16.14.040 Blocks 49
16.14.050 Sidewalks 50
16.14.060 Easements 50
16.14.070 Fire Protection Requirements 52
16.14.080 Grading and Drainage 52
16.14.090 Mail Delivery 53
16.14.100 Park Requirements 53
16.14.110 Landscaping of Public Rights-of-Way 57
16.14.120 Pathways 58
16.14.130 Development or Maintenance of Common Areas and Facilities 60
by Subdivider or Property Owners'Association
16.14.140 SanitarySewers 61
16.14.150 Utilities 61
16.14.160 Water Supply System 61
16.14.170 Watercourse Setback 62
16.14.180 Noxious Weeds 66
16.14.190 Clean Up of Property Required 67
16.14.200 Water Rights 67
16.14.210 Transit Facilities 67
16.14.220 Ridgelines and Viewsheds 68
16.14.230 Lighting 68
CHAPTER 16.16 DESIGN AND IMPROVEMENT STANDARDS, STREETS 77
16.16.010 General 77
16.16.020 Street and Road Dedication 78
16.16.030 Intersections 79
16.16.040 Names 79
16.16.050 Street and Road Standards 79
16.16.060 Lot Access 79
16.16.070 Access Separation 79
16.16.080 Paving Requirements 80
16.16.090 Improvement Standards 81
16.16.100 Transit Facilities 84
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CHAPTER 16.18 RESOURCE PROTECTION SUBDIVISIONS 85
16.18.010 Intent 85
16.18.020 Authority 85
16.18.030 Applicability 85
16.18.040 Resource Protection Subdivision Submittal Requirements 85
16.18.050 DensityBonus 86
16.18.060 Conservation Subdivision Design Standards 86
16.18.070 Ownership and Maintenance of Open Space and Common Facilities 89
16.18.080 Common Area Maintenance Guarantee 91
CHAPTER 16.20 FLOOD HAZARD EVALUATION 93
16.20.010 General 93
16.20.020 Procedure 93
16.20.030 Waiver of Requirement 94
CHAPTER 16.22 IMPROVEMENTS 95
16.22.010 Improvements 95
16.22.020 Improvement Procedures 95
16.22.030 Completion of Improvements 96
16.22.040 Improvements Agreements 97
16.22.050 Acceptance of Improvements 98
16.22.060 Timing of Other Subdivision Improvements 99
16.22.070 Payment for Extension of Capital Facilities 99
CHAPTER 16.24 PLANNED UNIT DEVELOPMENT 101
16,24,010 Intent 101
16.24.020 Procedures and Submittal 101
16.24.030 PUD Criteria 101
CHAPTER 16.26 SUBDIVISIONS CREATED BY RENT OR LEASE OR 103
CONDOMINIUMS
16.26.010 General 103
16.26.020 Procedure 103
16.26,030 Standards for Manufactured Housing Communities and Recreational 104
Vehicle Parks
16.26.040 Standards for Condominiums 108
CHAPTER 16.28 SUBDIVISION EXEMPTIONS 111
16.28.010 Divisions of Land Entirely Exempt from the Requirements of These 111
Regulations and the Montana Subdivision and Platting Act
16.28.020 Specific Exemptions from Review But Subject to Survey Requirements 112
16,28.030 Exemptions from Surveying and Filing Requirements but Subject to Review 112
16.28.040 Exemption from Surveying and Platting Requirements for Lands 113
Acquired for State Highways
16.28.050 Procedures and General Requirements 113
16.28.060 Exemption Review Criteria 113
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16.28.070 Procedures for Filing Certificates of Survey of Divisions of Land Entirely 121
Exempted from the Requirements of the Act
16.28.080 Correction of Errors 122
CHAPTER 16.30 ADMINISTRATIVE PROVISIONS 123
16.30.010 Variances 123
16.30.020 Amendments to Subdivision Regulations 124
16.30.030 Administration 124
16.30.040 Correction of Errors,Amendments, or Vacation of Recorded Final Plats 124
16.30.050 Inaccurate or Incomplete Information 125
16.30.060 Correction of Recorded Plat by Governing Body 125
16.30.070 Additional Conditions after Preliminary Plat Approval 126
16.30.080 Waivers 126
CHAPTER 16.32 CERTIFICATES 127
16.32.010 General 127
16.32.020 Dedication or Consent 127
16.32.030 Mortgagee 128
16.32,040 Cash In Lieu of Park 129
16.32.050 Surveyor 129
16.32.060 Improvements 129
16.32.070 Governing Body 130
16.32.080 Exclusion from MDEQ Review 131
16.32.090 County Treasurer 131
16.32.100 Clerk and Recorder 131
16.32.110 Certification of Use of Exemption Claim 132
CHAPTER 16.34 SUPPLEMENTARY DOCUMENTS 133
16.34.010 General 133
16.34.020 Property Owners Association 133
16.34.030 Covenants 134
CHAPTER 16.36 UNIFORM STANDARDS FOR MONUMENTATION AND 135
FILING REQUIREMENTS
16.36.010 Uniform Standards for Monumentation and Filing Requirements 135
CHAPTER 16.38 RESERVED 137
CHAPTER 16.40 RESERVED 138
iv
CHAPTER 16.02
GENERAL PROVISIONS
16.02.010 TITLE.
These regulations shall be known as "The Bozeman Subdivision Regulations."
16.02.020 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 lands proposed for
annexation to the City of Bozeman.
16.02.040 PURPOSE.
It is the purpose of these 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 promote preservation of open space; to promote development approaches that
minimize costs to local citizens and that promote effective and efficient provisions of public services; 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(76-3-102,M.C.A).
Further, to support the purposes of 76-3-102, M.C.A, these regulations are intended to promote and to
provide for the:
A. Orderly development of the City.
B. Coordination of streets 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.
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.
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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 the duties of approving
authorities,including procedures for the review and approval of all subdivision plats.
Pursuant to Section 76-3-504(L),M.C.A., these regulations are also intended to implement the goals and
objectives of the Bozeman 2020 Community Plan,a growth policy for the City of Bozeman.
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. 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, and to the safety
and general welfare of the future subdivision lot owners and of the community at large.
16.02.070 EFFECT OF APPROVAL.
Review and approval or disapproval of a subdivision under these regulations may occur only under
those regulations in effect at the time a complete application for approval of a preliminary plat or for an
extension under Sections 16.10.050.K and 16.12.040.1 is submitted to the City of Bozeman.
16.02.080 SUBDIVISIONS THAT LIE PARTIALLY WITHIN TWO JURISDICTIONS.
If a proposed subdivision lies partly within the City of Bozeman and partly within unincorporated
Gallatin County, the proposed plat must be submitted to and approved by both the City Commission
and the Gallatin County Commission.
16.02.090 SUBDIVISION AND ANNEXATION.
When a proposed subdivision is also proposed to be annexed to the City of Bozeman, the City shall
coordinate the subdivision review and annexation procedures to minimize duplication of hearings,
reports, and other requirements whenever possible. The City Commission shall also hold joint public
hearings on the preliminary plat and the annexation whenever possible.
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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 AGRICULTURE.
The cultivation or tilling of soil for the purpose of producing vegetative materials for sale or for use in a
commercial operation and/or the raising or tending of animals for commercial sale or use. Agriculture
does not include gardening for personal use, keeping of house pets, or landscaping for aesthetic
purposes.
16.04.030 AGRICULTURAL WATER USER FACILITY.
Those facilities, which include but are not limited to ditches, pipes, and other water conveying facilities,
which provide water for irrigation and stock watering on agricultural lands, with said lands being defined
in 15.7.202,M.C.A.
16.04.040 ALIQUOT PART.
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.'
16.04.050 BLOCK
A group of lots, tracts or parcels bounded by streets or by a combination of streets and public land,
railroad right-of-way,waterways, or any other barrier to the continuity of development.
16.04.060 CERTIFICATE OF SURVEY.
A drawing of a field survey prepared by a registered land surveyor for the purpose of disclosing facts
pertaining to boundary locations.
16.04.070 CIVIC USE.
Public buildings or uses, including but not limited to, college/university facilities, congregate postal
facilities,schools, government offices, libraries, assembly uses,police stations, and fire stations.
16.04.080 CLUSTER DEVELOPMENT.
A subdivision with lots clustered in a group of 5 or more lots that is designed to concentrate building
sites on smaller lots in order to reduce capital or maintenance costs for infrastructure through the use of
concentrated public services and utilities,while allowing other lands to remain undeveloped.
16.04.090 COMMON OPEN SPACE.
Undeveloped land within a subdivision that has been designated, dedicated, reserved, or restricted in
perpetuity from further development and is set aside for the use and enjoyment by residents of the
development. Common open space shall not be part of individual residential lots. It shall be
substantially free of structures, but may contain historic structures and archaeological sites, and/or
recreational facilities for residents, including but not limited to, benches, picnic tables, and interpretive
signage as indicated on an approved development plan.
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16.04.100 CONDOMINIUM.
A building, or group of buildings in which units are owned individually, and the structure(s), common
areas, and facilities are owned by all owners on a proportional, undivided basis. Condominiums maybe
residential, commercial or industrial in nature.
16.04.110 CONSERVATION EASEMENT.
The grant of a property right or interest from the property owner to a unit of government or nonprofit
conservation organization stipulating that the described land shall remain in perpetuity in its natural and
open state, precluding future or additional development (with the exception of any allowable structures
or facilities).
16.04.120 CONTIGUOUS TRACT.
For the purpose of these regulations, a parcel of Iand next to, abutting, adjoining or touching another
individual parcel of land,including tracts which are separated by public right-of-way.
16.04.130 COVENANT.
An agreement that binds and restricts the land in the hands of present owners and subsequent
purchasers with a view towards protecting and enhancing the physical, natural and economic integrity of
an area. They are generally enforced only by the land owners involved and not by the City or other
public agency. The City may enforce only those covenants, or parts of a covenant, required by the City
as a condition of approval or which the City is specifically named a party to.
16.04.140 DATE OF SUBMISSION.
The date at which the plat and all required supplementary information is received and certified as
complete by the Planning Department.
16.04.150 DEDICATION.
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.
16.04.160 DEVELOPMENT ENVELOPES.
Areas within which grading,lawns,pavement and buildings will be located.
16.04.170 DIVISION OF LAND.
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 survey or subdivision plat establishing the identity of the segregated parcels
pursuant to these subdivision regulations and the Montana Subdivision and Platting Act. The
conveyance of a tract of record or an entire parcel of land that was created by a previous division of land
is not a division of land.
16.04.180 DWELLING UNIT.
A building, or portion thereof, capable of meeting the requirements of the City's adopted Uniform
Building Code, used primarily for residential occupancy. This term does not apply to units in hotels,
motels, extended stay lodgings, or tourist homes.
16.04.190 EASEMENT.
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.
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16.04.200 ENGINEER(Registered Professional Engineer).
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.
16.04.210 ENGINEERING DEPARTMENT.
Engineering Division of the City of Bozeman's Department of Public Service.
16.04.220 FINAL PLAT.
The final drawing of the subdivision and dedication required by these subdivision regulations and the
Montana Subdivision and Platting Act to be prepared for filing for record with the County Clerk and
Recorder, and containing all elements and requirements set forth in these subdivision regulations and
the Montana Subdivision and Platting.
16.04.230 FLOODPLAIN.
Areas generally adjoining a stream that would be covered by floodwater of a 100-year flood except for
designated shallow flooding areas that receive less than one foot of water per occurrence. The
floodplain consists of a floodway and floodway fringe.
16.04.240 FLOODWAY.
The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a
100-year flood without cumulatively increasing the water surface elevation more than one-half foot.
16.04.250 FLOODWAY FRINGE.
Portion of the floodplain that is outside the limits of the floodway.
16.04.260 FOOTCANDLE.
A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter.
16.04.270 GLARE.
The sensation produced by lighting that causes an annoyance, discomfort, or loss in visual performance
and visibility to the eye.
16.04.280 GOVERNING BODY.
The governing authority of a city or town organized pursuant to law. In the City of Bozeman, the
Bozeman City Commission is the governing authority.
16.04.290 GREEN.
An open space available for unstructured recreation, its' landscaping consisting of maintained grassy
areas,trees, and other vegetation.
16.04.300 GROSS ACREAGE.
The total area of a parcel including the area of perimeter street rights-of-way to the centerline of the
street.
16.04.310 GROWTH POLICY.
An official public document adopted and used by a local government as a general guide for development
and conservation decisions. It is not a regulation; rather, it is an official statement of public policy to
guide growth and change. The required and optional elements of a growth policy are listed in Title 76,
Chapter 1,Part 6,M.C.A.
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16.04.320 HEALTH AUTHORITIES.
The State Department of Environmental Quality, local environmental health specialist, or other
authorized representative.
16.04.330 ILLUMINANCE (E).
The quantity of light measured in footcandles or lux. The density of the luminous flux incident on a
surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly
illuminated.
16.04.340 IMMEDIATE FAMILY.
A spouse, children by blood or adoption, and parents.
16.04.350 IRREGULARLY SHAPED TRACT OF LAND.
A parcel of land other than an aliquot part of the United States Government survey section or a United
States lot, the boundaries or areas of which cannot be determined without a survey or trigonometric
calculation.
16.04.360 LIGHT SOURCE.
A single artificial point source of light that emits measurable radiant energy in or near the visible
spectrum.
16.04.370 LIGHT TRESPASS.
Light emitted by a lighting installation that extends beyond the boundaries of the property on which the
installation is sited.
16.04.380 LIMITED ACCESS.
A way or means of allowing physical entrance to land at controlled locations or points. A "no access"
strip or line maybe placed on a plat as a means of limiting access.
16.04.390 LIMITED ACCESS ROADWAY.
A street or road especially designed for through traffic, over which abutting land owners have no right
to direct access.
16.04.400 LOCAL SERVICES.
All services provided by governmental bodies for the benefit of citizens. These services include, but are
not limited to, police, fire, water, recreation, streets, parks, libraries, schools, wastewater and solid waste
collection and disposal.
16.04.410 LOT.
A parcel, plot or other land area in identical ownership throughout created by subdivision for sale, lease,
or rent.
16.04.420 LOT MEASUREMENTS.
A. Lot Depth. The horizontal distance of a line measured at a right angle to the front lot line and
running between the front lot line and rear lot line of a lot.
B. Lot Width. The distance as measured in a straight line, between side lot lines at the points of
intersection with the required front building he.
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C. Lot Frontage. The horizontal distance between the side lot lines measured at the point where
the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be
considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered
the lot frontage.
v
D. Lot Area. The total horizontal area within the boundary lines of a lot.
16.04.430 LOT TYPES.
A. Corner Lot. A lot at a junction of and fronting on 2 or more intersecting streets.
B. Interior Lot. A lot other than a comer or through lot.
C. Double Frontage or Through Lot. A lot having frontage on 2 parallel, or approximately parallel,
streets.
D. Reverse Frontage Lot. A through lot that is not accessible from one of the parallel or
nonintersecting streets of which it fronts.
16.04.440 LUMINAIRE.
A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and
decorative parts; also called the lighting fixture.
16.04.450 LUMINANCE (L).
The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material)
in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an
element of the surface surrounding the point, and propagated in directions defined by an elementary
cone containing the given direction, by the product of the solid angle of the cone and area of the
orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The
luminous flux maybe leaving,passing through, and/or arriving at the surface.
16.04.460 LUX.
A unit of light intensity stated in lumens per square meter. There is approximately 10.7 lux per
f ootcandle.
16.04.470 MANUFACTURED HOME.
A factory-built, single-family structure that is manufactured under the authority of 42 United States
Code Sec. 5401, the National Manufactured Home Construction and Safety Standards Act, is built on a
permanent chassis, and is used as a place for human habitation; but which is not constructed or
equipped with a permanent hitch or other device allowing transport of the unit other than for the
purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached
to its body or frame.
16.04.480 MANUFACTURED HOME LOT OR SPACE.
A designated portion of a manufactured housing community designated for the accommodation of one
manufactured home and its accessory buildings or structures for the exclusive use of the occupants.
16.04.490 MANUFACTURED HOME STAND.
That area of a manufactured home lot which has been prepared for the placement of a manufactured
home.
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16.04.500 MANUFACTURED HOME SUBDIVISION.
A subdivision designed and/or intended for the sale of lots for siting manufactured homes.
16.04.510 MANUFACTURED HOUSING COMMUNITY.
Any piece of real property under single ownership or control for which the primary purpose is the
placement of 2 or more manufactured homes for permanent residential dwellings and for the
production of income. A manufactured housing community does not include real property used for the
display and sale of manufactured units, nor does it include real propertyused for seasonal purposes only,
as opposed to year-round occupancy. Home sites within the community are leased to individual
homeowners,who retain customary leasehold rights.
16.04.520 MINOR SUBDIVISION.
A subdivision containing 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.
16.04.530 MOBILE HOME.
A transportable, manufactured structure, suitable for year-round single-family occupancy and having
water, electrical, and sewage connections similar to those of conventional dwellings. This definition
applies only to units constructed prior to the Federal Manufactured Housing Construction and Safety
Standards Act of 1974, which became effective June 15, 1976. Compare with the definition of
manufactured home.
16.04.540 MONUMENT (Permanent Monument).
Any 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.
16.04.550 NATURAL ENVIRONMENT.
The physical conditions which exist within a given area, including land, water, mineral, flora, fauna,
noise, light,and objects of historic or aesthetic significance.
16.04.560 NEIGHBORHOOD COMMERCIAL CENTER.
Commercial uses oriented at serving the needs of neighborhoods. These areas are typified by smaller
scale shops and services, and a high level of pedestrian, bicycle, and transit opportunities.
Neighborhood commercial centers are intended to support and help give identity to individual
neighborhoods by providing a visible and distinctive focal point. Activities commonly expected in this
classification are daycares, smaller scale groceries, bakeries, coffee shops, retail stores, small restaurants,
and offices and residences above other uses.
16.04.570 NET DENSITY.
The quotient of the total number of dwelling units divided by the net buildable site area on a site. Net
density calculations exclude rights-of-way of public and private streets.
16.04.580 NONPROFIT CONSERVATION ORGANIZATION.
Any charitable corporation, charitable association or charitable trust (such as a land trust), the purposes
or powers of which include protecting and maintaining the natural, archaeological, or historical values of
real property, and the holding of easements.
16.04.590 OPEN SPACE.
A land or water area devoid of buildings and other physical structures except where accessory to the
provision of recreation,including but not limited to, benches,picnic tables, and interpretive signage.
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16.04.600 ORDINARY HIGH WATER MARK.
The outermost line caused by water impressing on land and covering it for sufficient periods to cause
physical characteristics that distinguish the area below the line from the area above it. Characteristics of
the area below the line include, when appropriate, but are not limited to, deprivation of the soil of
substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain
adjacent to surface waters is not considered to lie within the surface water's high water marks.
16.04.610 PATHWAY.
A facility that accommodates the recreational and/or transportation needs of pedestrians and bicyclists,
including sidewalks, bike lanes, boulevard trails, and trails.
16.04.620 PLANNED UNIT DEVELOPMENT (PUD).
A land development project consisting of residential clusters, industrial parks, shopping centers, or
office building parks, or any combination thereof that compose a planned mixture of land uses built in a
prearranged relationship to each other and having open space and community facilities in a common
ownership or use.
16.04.630 PLANNING BOARD.
The Bozeman City Planning Board.
16.04.640 PLANNING DEPARTMENT.
The Bozeman Department of Planning and Community Development.
16.04.650 PLAT.
A graphical representation of a subdivision showing the division of land into lots, parcels, blocks,
streets, alleys, and other divisions and dedications.
16.04.660 PLAZA.
An area generally open to the public on a controlled basis and used principally for passive recreational
activities and relaxation. Plazas are paved areas typically providing amenities, such as seating, drinking
and ornamental fountains, art,trees, and landscaping for use by pedestrians.
16.04.670 PRIMARY ACCESS.
The major access to a subdivision. The major access generally carries the most traffic as determined by
the traffic engineering study.
16.04.680 PRIVATE STREET.
A right-of-way dedicated to the public, but maintained by a property owners association.
16.04.690 PROPER ACCESS.
Either an improved public street or road, maintained by the City of Bozeman, Gallatin. County, or the
State of Montana; or a street or road built to the standards provided in these regulations
16.04.700 PROPERTY OWNER.
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.
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16.04.710 PROPERTY OWNERS' ASSOCIATION.
An association incorporated or not incorporated, combining individual property ownership with shared
use or ownership of common property or facilities, or shared maintenance of subdivision or community
facilities.
16.04.720 PUBLIC HEALTH AND SAFETY.
A condition of optimal well-being, free from danger or injury, for a community at large, not merely for
an individual or small group of persons.
16.04.730 PUBLIC IMPROVEMENT.
Any structure or facility constructed to serve the residents of a subdivision or the general public such as
parks, streets, sidewalks, curbs, gutters, street lighting, utilities, and systems for water supply, sewage
disposal, and drainage.
16.04.740 PUBLIC STREET OR ROAD.
A street or road for which the right-of-way has been dedicated to the public.
16.04.750 RECREATIONAL VEHICLE PARK.
A plot of ground upon which 2 or more sites are located, established or maintained for occupancy by
the general public as temporary living quarters for travel, recreation or vacation purposes.
16.04.760 RECREATIONAL VEHICLE SPACE.
A designated portion of a recreational vehicle park designed for the placement of a single recreational
vehicle and the exclusive use of its occupants.
16.04.770 RESOURCE PROTECTION SUBDIVISION.
A development comprised primarily of residential uses, with some limited accessory commercial uses,
that is characterized by compact lots and common open space, and where the natural, archaeological,
and historical features of the land are protected.
16.04.780 RIDGELINE.
A relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an
elongated crest, or series of crests, with or without individual peaks, significantly higher than the
adjoining ground. The general locations of said ridgelines are designated on the Bozeman Ridgeline
Map.
16.04.790 RIGHT-OF-WAY.
A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be
occupied by a street, crosswalk, railroad, electric transmission lines, water line, sanitary sewer line, storm
sewer line, or other similar uses.
16.04.800 ROADWAY.
That portion of the street or 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.
16.04.810 SECURITY LIGHTING.
All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards,
parking lots and outdoor security where general illumination for safety or security of the grounds is the
primary concern.
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16.04.820 SQUARE.
Open space that may encompass an entire block, is located at the intersection of important streets, and
is set aside for civic purposes, with landscaping consisting of paved walks, lawns, trees, and civic
buildings.
16.04.830 STREET TYPES.
For the purposes of these regulations,street types are defined as follows:
A. Allen. A street used primarily for vehicular access to the rear of properties which abut on and
are served bypublic streets.
B. Arterial. A street or road having the primaryfunction 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.
1. Principal Arterial. Serves the major centers of activity, the highest traffic volume
corridors, and the longest trip distances in an urbanized area. This group of streets
carries the highest proportion of the total traffic within the urban area at 10,000 to
35,000 vehicles per day. Most of the vehicles entering and leaving the urban area, as well
as most through traffic bypassing the central business district, utilize principal arterials.
Significant intra-area travel, such as between central business districts and outlying
residential areas, and between major suburban centers,are served by major arterials.
2. Minor Arterial. Interconnects with and augments the urban principal arterial system It
accommodates trips of moderate length and at a somewhat lower level of travel mobility
than principal arterials, and it distributes travel to smaller geographic areas. With an
emphasis on traffic mobility, this street network includes all arterials not classified as
principal arterials while providing access to adjacent lands. Minor arterials typically carry
5,000 to 15,000 vehicles per day.
C. Collector. A street or road that provides equal priority to the movement of traffic, and to the
access of residential, business, and industrial areas. This type of roadway differs from those of
the arterial system in that the facilities on the collector system may traverse residential
neighborhoods. The system distributes trips from the arterials to ultimate destinations. The
collector streets also collect traffic from local streets in the residential neighborhoods,
channeling it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per day.
D. Cul-de-sac. A street having only 1 outlet for vehicular traffic and terminating in a turn-around
area.
E. Dead-End Street. A street having only 1 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. Local Streets. A street having the primary purpose of permitting access to abutting lands and
connections to higher systems. Generally,service to through-traffic movements are intentionally
discouraged. They typically carry 1,000 to 3,000 vehicles per day.
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H. Loop. A local street which begins and ends on the same street, generally used for access to
properties and controls traffic access to arterials or collectors.
16.04.840 STRUCTURE.
Anything constructed or erected which requires location on the ground.
16.04.850 SUBDIVIDER.
Any person, firm, corporation, or other entity who causes land to be subdivided or who proposes a
subdivision of land.
16.04.860 SUBDIVISION.
A division of land or land so divided that it 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, that provides or will provide multiple space for recreational camping vehicles
or manufactured 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.
16.04.870 SURVEYOR(Registered Land Surveyor).
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.
16.04.880 SWALE.
A drainage channel or shallow depression designed to direct surface water flow.
16.04.890 TRACT OF RECORD.
An individual parcel of land, irrespective of ownership, that can be identified by legal description,
independent of any other parcel of land, using documents on file in the records of the County Clerk and
Recorder's Office.
16.04.900 TRANSIT STOP.
Improvements and facilities at selected points along transit routes for passenger pickup, drop off, and
waiting. Facilities and improvements may include shelters, benches, signs, structures, and other
improvements to provide security,protection from the weather, and access to nearby services.
16.04.910 UNIFORMITY RATIO.
In outdoor lighting, a measure indicating how evenly light is distributed across a surface as expressed in
a ratio of one value to another, such as average to minimum, or maximum to minimum. Using ratios,
perfect uniformity would be 1:1.
16.04.920 WATERCOURSE.
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 and used exclusively for the conveyance of irrigation water.
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16.04.930 WETLAND.
Areas that are inundated and saturated by surface or groundwater at a frequency or duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The provisions
contained in these regulations do not apply to wetlands created by a wholly manmade water source used
for irrigation purposes.
16.04.940 WILDLIFE.
Animals that are neither human, domesticated, nor feral descendants of commonly domesticated
animals.
16.04.950 WILDLIFE HABITAT.
The place or type of habitat where wildlife naturally lives.
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14
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 City Commission 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.
Unless the plat is located in an area where the state or the City do not have jurisdiction, every final
subdivision 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. 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 purchasers
of lots 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 sub-
division is not filed with the County Clerk and Recorder within 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 no real property taxes and special assessments assessed
and levied on the land to be divided are delinquent.
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 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."
Unless the plat is located in an area where the state or the City do not have jurisdiction, the County
Clerk and Recorder may not record any instrument that purports to transfer title to or possession of a
parcel or tract of land that is required to be surveyed by the Montana Subdivision and Platting Act
unless the required certificate of survey or subdivision plat has been filed with the Clerk and Recorder
and the instrument of transfer describes the parcel or tract by reference to the filed certificate or plat.
This provision does not apply if the parcel or tract to be transferred was created before July 1, 1973, and
the instrument of transfer for the parcel or tract includes a reference to a previously recorded instrument
of transfer or is accompanied by documents that, if recorded would otherwise satisfy the requirements
of this subsection. The reference or document must demonstrate that the parcel or tract existed before
July 1, 1973. However, these references or documents do not constitute a legal description of the
property and may not be substituted for a legal description of the property.
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16.06.030 EFFECT OF RECORDING COMPLYING PLAT.
The recording of any plat made in compliance with the Montana Subdivision and Platting Act shall
serve to establish the identity of all lands shown on and being a part of such plat. Where lands are
conveyed by reference to a plat, the plat itself or any copy of the plat property certified by the County
Clerk and Recorder as being a true copy thereof shall be regarded as incorporated into the instrument of
conveyance and shall be received in evidence in all courts of this state.
16.06.040 PERMISSION TO ENTER.
The City Commission, 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.
16.06.050 APPEALS.
A parry identified in subsection A of this section who is aggrieved by a decision of the City Commission
to approve, conditionally approve, or disapprove a proposed preliminary plat or final subdivision plat
may, within 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 Gallatin County Commission.
If the aggrieved person is the subdivider, they may bring an action in District Court to sue the City to
recover actual damages caused by a final action, decision, or order of the City Commission or a
regulation adopted pursuant to this Chapter that is arbitrary or capricious.
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.
16.06.060 DONATIONS OR GRANTS TO PUBLIC CONSIDERED A GRANT TO DONEE.
Every donation or grant to the public or to any person, society, or corporation marked or noted on a
plat is to be considered a grant to the donee.
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CHAPTER 16.08
PLAN AND PLAT INFORMATION REQUIREMENTS
16.08.010 GENERAL.
All applications and supplemental material, including all copies of plats, shall be bound and folded into
complete 81h" x 11" or 81/z" x 14" sets ready for distribution. All plats shall be on one or more sheets
either 18" x 24" or 24" x 36" 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 Map. 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 the 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 100 feet of the proposed subdivision.
4. Zoning classification within the proposed subdivision and adjacent to it. The zoning
proposed for the subdivision,if a change is contemplated.
B. Topographic 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 floodway, 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 subdivi-
sion 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 Layout. The proposed layout of the subdivision showing the approximate:
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1. Subdivision block,tract, and lot boundary lines,with numbers, dimensions, and areas for
each block,tract and lot.
2. Street 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,
manufactured housing community,and uses other than single family residences.
E. Development Plan. An overall development plan indicating future development of the remain-
der 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.
16.08.030 PRELIMINARY PLAT.
The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 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" x 24" or 24" x 36" 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-application Information. All information required with the pre-application plan, as outlined
in Section 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 and street
names; and proposed location of intersections for any subdivision requiring access to arterial or
collector highways.
D. Adjoining Subdivisions. The names of adjoining platted subdivisions and numbers of adjoining
certificates of survey.
E. Adjoining Owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed subdivision.
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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.
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 percent 2 feet (If all lots are over 1 acre in
size, 5 feet intervals maybe used.)
Between 10 and 15 percent 5 feet
15 percent or greater 10 feet
I. Phased Improvements. 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.
J. Waivers. List of waivers requested from the requirements of Section 16.08.050 shall be
submitted with the preliminary plat application. The City of Bozeman shall notify the subdivder
in writing of any waivers granted from Section 16.08.050 after the pre-application meeting or
plan review.
K. Request for Exemption from Department of Environmental Quality Review. If the subdivider
is proposing to request an exemption from the Department of Environmental Quality for
infrastructure plan and specification review, the preliminary plat application shall include a
written request from the subdivider's professional engineer, licensed in the State of Montana,
that indicates the intent to request the exemption, and details the extent of water, sewer, and
storm water infrastructure that will be completed within 1 year of preliminary plat approval A
detailed preliminary storm water drainage plan must also be submitted with the written request.
If adequate water, sewer and storm water infrastructure will not be completed within 1 year of
preliminary plat approval,the subdivision is not eligible for this exemption and the infrastructure
plans and specifications must be reviewed by the Department of Environmental Quality.
16.08.040 PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISIONS.
The following supplemental information shall be submitted with the preliminary plat.
A. Area Map. A map showing all adjacent sections of land, subdivision, certificates of survey,
streets and roads.
B. Subdivision Map. Map of entire subdivision on either an 8'/z" x 11", 8;6" x 14", or 11" x 17"
sheet.
C. 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).
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D. Property 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 or subdivisions eligible for summary review, and three sets of labels for all
other subdivisions.
E. 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 Property Owners'
Association.
2. Encroachment permits or a letter indicating intention to issue a permit where new
streets, easements, rights-of way or driveways intersect State, County, or City highways,
streets or roads.
3. A letter of approval or preliminary approval from the City of Bozeman where a zoning
change is necessary.
4. A draft of such other appropriate certificates.
5. Provision for maintenance of all streets (including emergency access), parks, and other
required improvements if not dedicated to the public, or if private.
F. Street Profile Sheets. Profile sheets for street grades greater than 5 percent.
G. Application and Fee. Completed Preliminary PIat application form, with the original signatures
of all owners of record or their authorized representatives, and the required review fee. If an
authorized representative signs on behalf of an owner of record, a copy of the authorization
shall be provided.
H. Noxious Weed Management and Revegetation Plan. 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. Prior to final plat approval, a Memorandum of
Understanding shall be entered into by the Weed Control District and the subdivider.
16.08.050 ADDITIONAL PRELIMINARY PLAT SUPPLEMENTS.
The following list of preliminary plat application supplements shall also be provided for all subdivisions
unless waived by the City of Bozeman during the pre-application process. The subdivder shall include
documentation of any waivers granted by the City after the pre-application meeting or plan review.
Additional relevant and reasonable information may be required to adequately assess whether the
proposed subdivision complies with these regulations and the Montana Subdivision and Platting Act.
The need for additional information shall be determined during the pre-application process.
A. Surface Water.
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1. Mappin . Locate on a plat overlay or sketch map all surface waters and the delineated
floodplain which may affect or be affected by the proposed subdivision including:
a. Natural water systems such as natural streams, creeks, stream/ditches, drainages,
waterways, gullies, ravines or washes in which water flows either continuously or
intermittently and has a definite channel, bed and banks.
b. Artificial water systems such as canals, ditches, ditch/streams, aqueducts,
reservoirs, irrigation or drainage systems.
2. Description. 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,
streets) to surface waters.
3. Water Body Alteration. Describe any existing or proposed streambank or shoreline
alterations or any proposed construction or modification of lake beds, watercourses, or
irrigation ditches. Provide information on location, extent, type, and purpose of
alteration. Provide a revised floodplain analysis report, in compliance with Chapter
16.20, as appropriate.
4. Wetlands. If the subdivision contains wetlands, as defined as Section 16.04.930 of these
regulations, then a delineation of the wetland(s) shall be shown on the preliminary and
final plats.
B. Floodplains. A floodplain analysis report shall be submitted with the preliminary plat in
compliance with Chapter 16.20 of these regulations.
C. Groundwater.
1. Depth. Establish the seasonal minirnum 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 Environmental Health Department. Specific locations for test
holes may also be determined by the CountyEnvironmental Health Department.
2. Steps to Avoid Degradation. Describe any steps necessary to avoid the degradation of
groundwater and groundwater recharge areas.
D. Geology- Soils — Slopes.
1. Geologic 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.
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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, high water table, unstable or expansive soil
conditions, and slope. On a map, identify any slopes in excess of 15 percent grade.
4. Soils Map. The subdivision shall be overlaid on the Gallatin County Soil Survey maps
obtained from the Natural Resource and Conservation Service (MRCS). The maps are
1:24,000 in 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 5 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 US.
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 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.
E. Vegetation.
1. Vegetation Map. 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.
2. Protective Measures. Describe measures to preserve trees and critical plant communities
(e.g., design and location of streets, lots and open spaces).
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F. Wildlife.
1. Species. 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, significant, or "key" wildlife areas, such as big game winter range,
waterfowl nesting areas, habitat for rare or endangered species,wetlands.
3. Pets/Human Activity. Describe the expected effects of pets and human activity on
wildlife.
4. Public Access. Describe the effects on public access to public lands, trails, hunting or
fishing areas.
5. Protective Measures. Describe any proposed measures to protect or enhance wildlife
habitat or to minimize degradation (e.g., keeping building and streets back from
shorelines; setting aside marshland as undeveloped open space).
6. The subdivider shall discuss the impact of the proposed development on fish and
wildlife with the Montana Department of Fish, Wildlife and Parks (FWP). With the
preliminary plat, the subdivider shall provide written documentation from FWP that 1)
verifies that FWP has reviewed the proposed plat, 2) lists any FWP recommendations,
and 3) outlines any mitigation planned to overcome any adverse impacts.
G. 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. Describe procedures to be followed if any historic, paleontological, archeological,
cultural sites, structures or object are found on site during site preparation and
construction.
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 written documentation from
SHPO that 1) verifies that SHPO has reviewed the proposed plat, 2) lists any SHPO
recommendations, 3) outlines any plans for inventory, study, and/or preservation, and 4)
describes any mitigation planned to overcome any adverse impacts.
4. Information on historical sites shall be prepared by a qualified professional, including
persons with a professional or educational background in history, architectural history,
archeology, art history, historic preservation, anthropology and cultural resource
management.
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H. riculture.
1. Number of acres in production and type of production.
2. Agricultural operations in the vicinity,and other uses of land in the general vicinity.
3. The productivity of the land.
4. Whether or not the property is part of a viable farm unit, and whether the property was
under production during the last regular season.
5. What measures will be taken, if any,to control family pets.
6. Fencing of Agricultural Land. Describe any existing fence lines around the subdivision
boundary which protect agricultural lands under an ownership other than of the
subdivider, and describe any measure 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.
L Agricultural Water User Facilities.
1. Type, description, ownership, and users of facilities.
2. Written documentation demonstrating active use of facilities. If a facility is not being
actively used, include a written plan for abandonment.
3. Describe any proposed realignment(s). All realignments must comply with all relevant
requirements of state law.
J. Water Supply and Sewage Disposal. Provide an engineering design report and/or other
documentation demonstrating that adequate water distribution system, sewage disposal and
treatment works capacity exists to serve the proposed subdivision.
K. Storm Water Management. A Stormwater Management Plan shall be submitted with the
preliminary plat. A system shall be designed to remove solids, silt, oils, grease, and other
pollutants from the runoff from the private and public streets and all lots,including.
1. The plan shall depict the retention/detention basin locations, and locate and provide
easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. Storm water receiving channels shall be clearly identified
for all ponds.
2. The plan shall include sufficient site grading and elevation information (particularly for
the basin sites, drainage ways, and lot finished grades), typical stormwater
retention/detention basin and discharge structure details, basin sizing calculations, and a
stormwater maintenance plan.
3. Any necessary stormwater easements.
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L. Streets, Roads and Alleys.
1. Description. Describe any proposed new public or private access streets or alley or
substantial improvements of existing public or private access streets or roads. The
subdivider 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.
3. Modification of Existing; Streets, Roads or Alleys. Explain any proposed closure or
modification of existing streets or roads.
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 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.
a. Land Use and Trip 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 Graphics,which show.
i. AM peak hour site traffic;
ii. PM peak hour site traffic;
1. AM peak hour total traffic;
iv. PM peak hour total traffic;
V. Total daily traffic (with site generated traffic shown separately).
C. AM and PM Capacity Analysis: An AM and PM peak hour capacity analysis shall
be provided for:
i. All major drive accesses that intersect collector or arterial streets or
roads; and
ii. All arterial-arterial, collector-collector, and arterial-collector intersections
within one mile of the site, or as required by the Director of Public
Service during the pre-application review.
d. Additional Analysis Criteria:
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i. Traffic progression will be of paramount importance. Consequently, all
potential intersections with signals will be placed on quarter-mile points
unless otherwise approved bythe CityEngineer.
ii. Streets and intersection level of service "O' shall be the design and
operational objective, and under no conditions will less than level of
service "D" be accepted. All arterial and collector streets and movements
on intersection approach legs designated as arterial or collector streets
shall operate at a minimum level of service "C". The design year for
necessary improvements shall be a minimum of 15 years following
construction of said improvements.
7. Ca aci 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,lands or routes to be developed with the development.
9. Traffic Calming. Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
M. Utilities. The subdivider shall submit a copy of the subdivision plat to all relevant utility
companies. With the preliminary plat,the subdivider shall provide written documentation of the
following:
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 Description of.
a. The method of furnishing electric, natural gas, cable TV, internet or telephone
service,where provided.
b. Estimated timing of each utility installation.
C. The subdivider shall provide a written statement from the utility companies that
the proposed subdivision can be provided with service.
N. Educational Facilities. With the preliminary plat, 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.
O. Land Use.
1. Indicate the proposed use(s) and number of lots or spaces in each:
a. Residential area, single family.
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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).
C. Mobile Home Park.
f. Recreation Vehicle Park.
g. Commercial or Industrial.
h. Other(please describe).
P. Parks and Recreation Facilities. The following information shall be provided for all land used to
meet parkland dedication requirement:
L Park Concept Plan, including:
a. Site plan for the entire property;
b. Drainage areas;
C. Utilities in and adjacent to the property;
d. The zoning and ownership for adjacent properties;
e. The location of any critical lands (wetlands, riparian areas, streams, etc.).
f. Park landscaping plan showing the location and specific types and species of
plants,shrubs,trees as well as grass seed mixes.
g. General description of land, including size,terrain, details of location and history,
and proposed activities;
h. If playground equipment will be provided, information including the
manufacturer, installation data and specifications, installer, type of fall zone
surfacing, and age group intended for use shall be provided; and
i. Soils information and analysis.
2. Park Maintenance.
a. Maintenance information, including levels of maintenance, a maintenance
schedule, and responsible parties;
b. Weed control plan,including responsible parties; and
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C. Plan for garbage collection, snow removal, and leaf removal including
responsible parties.
3. Irrigation Information.
a. An irrigation system map generally showing the locations and types of lines,
including depth, water source, heads, electric valves, quick couplers, drains and
control box; and
b. If a well will be used for irrigation, a certified well log shall be submitted showing
depth of well,gpm,pump type and size,voltage,water rights,etc.
4. Phasing. If improvements will be phased, a phasing plan shall be provided.
Q. Neighborhood Center Plan. A neighborhood center plan shall be prepared and submitted for all
subdivisions containing a neighborhood center.
R. Lighting Plan. The following subdivision lighting information shall be submitted for all new
subdivisions:
1. Isofootcandle plots for individual fixture installations, and 10 foot by 10 foot
illuminance-grid plots for multi-fixture installations, which demonstrate compliance with
the intensity and uniformity requirements set forth in Section 16.14.230 of these
regulations.
2. Description of the proposed equipment, including fixture manufacturer's cutsheets,
photometrics, glare reduction devices, lamps, on/off control devices, mounting heights,
pole foundation details, and mounting methods.
a. The lighting plan shall be prepared, and certified for compliance with the City's
design requirements and illuminance standards, by a qualified lighting
professional. Qualified lighting professionals include Electrical Engineers,
Architects,Lighting Designers, and Manufacturer's Representatives.
b. Lighting calculations shall include only the illuminated areas; areas occupied by
buildings or other non-lighted areas shall be excluded from calculations.
S. Miscellaneous.
1. Public Lands. Describe how the subdivision will affect access to any public lands.
Where public lands are adjacent to or within 200 feet of the proposed development,
describe present and anticipated uses for those lands; (e.g., open space, recreation, etc.),
and how public access will be preserved/enhanced.
2. 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. Also describe any on-site or off-site land uses creating a nuisance.
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16.08.060 STREAMBED, STREAMBANK AND/OR WETLANDS PERMITS.
The subdivider shall provide the Planning Department with a copy of all required streambed,
streambank or wetlands permits, or written notification from the appropriate agency that a permit is not
required, prior to the commencement of any work on the site and/or final plat approval, whichever is
sooner. These permits include, but are not limited to:
A. Montana Stream Protection Act (SPA 124 Permit. Administered by the Habitat Protection
Bureau,Fisheries Division,Montana Fish,Wildlife and Parks
B. Stormwater Discharge General Permit. Administered by the Water Quality Bureau, Montana
Department of Environmental Quality
C. Montana Natural Streambed and Land Preservation Act (310 Permit. Administered by the
Board of Supervisors, Gallatin Conservation District
D. Montana Floodplain and Floodway Management Act (Floodplain Development Permit.
Administered by the City of Bozeman, Engineering Department
E. Federal Clean Water Act (404 Permit. Administered by the U.S. Army Corps of Engineers and
the U.S. Environmental Protection Agency
F. Federal Rivers and Harbors Act (Section 10 Permit. Administered by the US. Army Corps of
Engineers
G. Short-term Water Quality Standard for Turbidity(318 Authorizations. Administered by Montana
Department of Environmental Quality
H. Montana Land-Use License or Easement on Navigable Waters. Administered by the Montana
Department of Natural Resources and Conservation
I. Montana Water Use Act (Water Right Permit and Change Authorizations. Administered by the
Water Rights Bureau,Montana Department of Natural Resources and Conservation
16.08.070 FINAL PLAT.
A final subdivision plat may not be approved by the City Commission unless all certificates, with the
exception of the Director of Public Service and the County Clerk and Recorder, have been complied
with, signed, and notarized and all subdivision regulations and conditions of preliminary plat approval
have been met. A final subdivision plat may not be filed with the County Clerk and Recorder unless all
certificates, with the exception of the County Clerk and Recorder, have been complied with, signed, and
notarized. This shall include the Certification by the County Treasurer that no real property taxes and
special assessments assessed and levied on the land to be subdivided are delinquent.
A. A final subdivision plat may not be approved by the City Commission or filed by the County
Clerk and Recorder unless it complies with the following UNIFORM STANDARDS FOR
FINAL SUBDIVISION PLAT requirements:
1. Final subdivision plats must be legibly drawn with permanent ink or printed or
reproduced by a process guaranteeing a permanent record and must be 18" x 24" or 24"
x 36" overall to include a 11h-inch margin on the binding side.
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2. Four signed copies on 3 mil or heavier matte stable-base polyester film or equivalent,
two digital copies on 31/z-inch 2HD or CD-ROM and 5 paper prints must be submitted.
3. I£more than one sheet must be used to adequately depict the land subdivided, each sheet
must show the number of that sheet and the total number of sheets included. All
certifications must be placed or referred to on one sheet.
4. A survey that modifies a filed subdivision plat must be entitled "amended plat of (lot,
block and name of subdivision being amended)," and unless it is exempt from
subdivision review by76- 3-201 or 76-3-207(1)(d) or (e), M.C.A, may not be filed with
the County Clerk and Recorder unless it meets the filing requirements for final
subdivision plats specified in this rule.
B.- A final plat submitted for approval must show or contain, on its face or on separate sheets
referred to on the plat, the following information. The surveyor may, at his or her discretion,
provide additional information regarding the survey.
1. A title or title block indicating the quarter-section, section, township, range, principal
meridian, county and, if applicable city or town, in which the subdivision is located. The
title of the plat must contain the words "plat" and either"subdivision" or"addition".
2. The name of the person(s) who commissioned the survey and the name(s) of the owner
of the land to be subdivided if other than the person(s) commissioning the survey, the
names of any adjoining platted subdivisions, and the numbers of any adjoining
certificates of survey previously filed.
3. A north arrow.
4. A scale bar. (The scale must be sufficient to legibly represent the required information
and data on the plat.)
5. The location of, and other information relating to all monuments found, set, reset,
replaced or removed as required by ARM 8.94.3001(1)(c).
a. If additional monuments are to be set after the plat is filed,the location of these
monuments must be shown by a distinct symbol, and the plat must bear a
certification by the surveyor as to the reason the monuments have not been set
and the date by which they will be set.
b. All monuments found during a retracement that influenced the position of any
corner or boundary indicated on the plat must be clearly shown as required by
ARM 8.94.3001(1)(c).
6. The location of any section corners or corners of divisions of sections pertinent to the
survey.
7. Witness and reference monuments and basis of bearings. For purposes of this rule the
term "basis of bearings" means the surveyor's statement as to the origin of the bearings
shown on the plat. The basis of bearings may refer to a particular line between
monumented points in a previously filed survey document. If the plat shows true
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bearings, the basis of bearings must describe the method by which these true bearings
were determined.
8. The bearings, distances and curve data of all boundary lines. I£ the subdivision is
bounded by an irregular shoreline or body of water that is a riparian boundary, the
bearings and distances of a meander traverse generally paralleling the riparian boundary
must be given.
a. The courses along a meander line are shown solely to provide a basis for
calculating the acreage of a parcel with one or more riparian boundaries as the
parcel existed at the time of survey.
b. For purposes of these regulations a line that indicates a fixed boundary of a
parcel is not a "meander" or "meander line" and may not be designated as one.
9. Data on all curves sufficient to enable the re- establishment of the curves on the ground.
For circular curves these data must at least include radius and arc length. For non-
tangent curves, which must be so labeled, the plat must include the bearings of radial
lines or chord length and bearing.
10. Lengths of all lines shown to at least tenths of a foot, and all angles and bearings shown
to at least the nearest minute. Distance measurements must be stated in English units,
but their metric equivalents, shown to the nearest hundredth of a meter, may be noted
parenthetically.
11. The location of any section corners or comers of divisions of sections the surveyor
deems to be pertinent to the subdivision.
12. 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 must
be marked "Not included in this subdivision" or "Not included in this plat," as
appropriate, and the bearings and lengths of these excepted boundaries must be shown)
13. All streets,alleys, avenues,roads and highways;their widths (if ascertainable) from public
records, bearings and area; the width and purpose of all road rights-of-way and all other
easements that will be created by the filing of the plat; and the names of all streets, roads
and highways.
14. The location, dimensions and areas of all parks, common areas and other grounds
dedicated for public use.
15. The total acreage of the subdivision.
16. A narrative legal description of the subdivision as follows:
a. If the parcel being subdivided is either an aliquot part of a U.S. government
section or a U.S. government lot, the information required by this subsection is
the aliquot or government lot description of the parcel.
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b. If the plat depicts the division of a parcel or lot that is shown on a filed
certificate of survey or subdivision plat, the information required by this
subsection is the number or name of the certificate of survey or plat and the
number of the parcel or lot affected by the survey.
C. If the parcel surveyed does not fall within Section B.16.a or b, above, the
information required by this subsection is the metes-and-bounds description of
the perimeter boundary of the subdivision.
d. If the plat establishes the boundaries of a subdivision containing one or more
interior parcels, the information required by this subsection is the legal
description of the perimeter boundary of the subdivision.
17. The dated signature and the seal of the surveyor responsible for the survey. The affixing
of this seal constitutes a certification by the surveyor that the final plat has been prepared
in conformance with the Montana Subdivision and Platting Act (76-3-101 through 76-3-
625,M.C.A) and the regulations adopted under that Act.
18. A memorandum of any oaths administered under 76-3-405,M.C.A.
19. The dated, signed and acknowledged consent to the subdivision of the owner of the land
being subdivided. For purposes of this rule when the parcel of land proposed for
subdivision is being conveyed under a contract-for-deed, the terms "owner" and "owner
of the land" refers to the seller under the contract-for-deed.
20. Certification by the City Commission that the final subdivision plat is approved.
21. Space for the Clerk and Recorder's filing information.
C. The following documents must appear on the face of or accompany the approved final plat
when it is presented to the County Clerk and Recorder for filing:
1. Certification of dedication of streets, parks, playground casements or other public
improvements.
2. Certification by the City Commission or their designated agent expressly accepting any
dedicated land, easements or improvements. An acceptance of a dedication is ineffective
without this certification.
3. A certificate of a title abstractor showing the names of the owners of record of the 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 owners of the land, if other than
the subdivider, and any lien holders or claimants of record against the land. The
certification shall have been issued no later than 30 days prior to a final plat submittal.
4. Copies of any covenants or deed restrictions relating to the subdivision.
5. When required, certification from the State Department of Environmental Quality
stating that it has approved the plans and specifications for water supply and sanitary
facilities.
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6. A certificate from the subdivider indicating which required public improvements have
been installed and a copy of any subdivision improvements agreement securing the
future construction of any additional public improvement to be installed.
7. The certification of the county treasurer that all real property taxes and special
assessments assessed and levied on the land to be subdivided have been paid.
8. Articles of incorporation and by-laws for any property owners' association.
9. Copy of all permits listed in Section 16.08.060.
D. A letter from the City Engineer shall be submitted to the Planning Department with the final
plat application,where applicable,certifying that the following documents have been received:
1. As-built drawings, i.e.,copies of final plans, profiles, grades, and specifications for public
improvements, including a complete grading and drainage plan.
2. Copy of the state highway access or encroachment permit where a street created by the
plat will intersect with a state highway.
16.08.080 FINAL PARK PLAN.
For all land used to meet parkland dedication requirements, a final park plan shall be submitted to the
City of Bozeman for review and approval prior to the installation of any park improvements. The final
park plan shall be reviewed and approved by the City Commission, with a recommendation from the
Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the information
listed in Section 16.08.050.P of these regulations.
16.08.090 IRRIGATION SYSTEM AS-BUILTS.
The subdivider shall provided irrigation system as-builts, for all irrigation installed in public rights-of-
way and/or land used to meet parkland dedication requirements, once the irrigation system as installed.
The as-bunts shall include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers,drains and control box.
16.08.100 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.
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34
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 6 or more lots 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. Planning Department Review. Ten copies of the pre-application materials are required, unless a
different number of copies are agreed to during a pre-submittal meeting. The Planning
Department shall review the pre-application plan and advise the subdivider as to whether the
plans and data meet the goals and objectives of applicable plans and these regulations.
1. Agency 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 continent. 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.
2. Time for Review. The Planning Department shall review the pre-application plan and
within 30 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. Optional Planning 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 20 copies of the pre-
application materials are required for this optional review. The application will be submitted to
the Planning Board at their neat available meeting. 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
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concurrent subdivision review by the Department of Environmental Quality and the City Commission,
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 may 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. Preliminary Plat Application Submission. The subdivider shall submit an application for
preliminary plat review, the appropriate fee, and 25 copies of all required preliminary plat
information and supplementary information, as set forth in these regulations.
The Planning Department shall review the application within 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 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 Agencies. The Planning Department may submit copies of the preliminary plat and
supplementary information to relevant utilities and public agencies for review and comment, and
to the Planning Board for its advice pertaining to the approval or disapproval of the plat or
subdivision. Review by public agencies or utilities shall not delay the City Commission's
consideration of the preliminary plat beyond the statutory 60 day review period.
C. Planning Board Review. At a regularly noticed meeting, the Planning Board shall review all
preliminary plats, together with required supplementary plans and information, and determine
whether the plat is in compliance with the City's growth policy.
D. Planning Board Recommendation. Within 10 days of their review, the Planning Board shall
submit in writing to the City Commission, a resolution forwarding its' advise regarding
compliance with the City's growth policy, and a recommendation for approval, conditional
approval, or disapproval of the plat.
E. Public Hearings. The City Commission shall conduct a public hearing and review the proposed
subdivision. At the public hearing,the City Commission 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 2020 Community Plan (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 regulations.
2. Consider written comments from appropriate public agencies,utilities or other members
of the public.
3. Consider the following:
a. Relevant evidence relating to the public health,safety, and welfare;
36
b. Other regulations, code provisions, or policies in effect in the area of the
proposed subdivision;
C. The recommendation of the City Planning Board; and
d. Any relevant public testimony.
F. Public Hearing Notice. Notice of the time and date of the preliminary plat public hearing(s)
shall be given by publication in a newspaper of general circulation in Gallatin County not less
than 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 15 days prior to the date of the hearing(s).
G. City Commission Action. The City Commission shall approve, conditionally approve, or
disapprove the preliminary plat within 60 working days of determination that the application is
complete,unless there is a written extension from the subdivider.
If the City Commission disapproves or conditionally approves the preliminary plat, it shall
forward one copy of the plat to the subdivider 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:
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.
H Criteria for City Commission Action. The basis for the City Commission's decision to approve,
conditionally approve, or disapprove the subdivision shall be whether the preliminary plat,
public hearing, Planning Board advise and recommendation, and additional information
demonstrates that development of the subdivision complies with these regulations, 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 regulations. The City Commission
may not deny approval of a subdivision based solely on the subdivision's impacts on educational
services.
I. Mitigation. The City Commission may require the subdivider to design the subdivision to
reasonably minimize potentially significant adverse impacts identified through the review
required by these regulations. The City Commission shall issue written findings to justify the
reasonable mitigation required by these regulations. 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
subdivider and shall give due weight and consideration to the expressed preference of the
subdivider.
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J. Findings of Fact. The City Comrission 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.
K. Preliminary Plat Approval Period. Upon approving or conditionally approving a preliminary
plat, the City Commission shall provide the subdivider with a dated and signed statement of
approval. This approval shall be in force for not more than 3 calendar years or less than 1
calendar year. At the end of this period the City Commission may, at the written request of the
subdivider, extend its approval for no more than 1 calendar year, except that the City
Commission may extend its approval for a period of more than 1 year if that approval period is
included as a specific condition of a written subdivision improvements agreement between the
City Commission and the subdivider,provided for in Chapter 16.22.
L. Inaccurate or Incomplete Information. The City Commission may withdraw approval or
conditional approval of a preliminary plat if they determine that information provided by the
subdivider, and upon which approval or conditional approval of the preliminary plat was based,
is inaccurate or incomplete.
1. Within 30 days following approval or conditional approval of a preliminary plat, any
person or agency that claims that information 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 City Commission at a regular meeting of the City
Commission within 30 days after receipt of the information. Notice of the meeting shall
be given to the claimant and the subdivider. At the meeting, the City Commission shall
consider the information and proof,and make a determination regarding the claim.
M. Changes to Conditions After Approval. Upon written request of the subdivider, the City
Commission 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.
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3. The City Commission shall conduct a public hearing on the request.
4. Notice of the public hearing shall be given in accordance with these regulations.
5. The City Commission may approve the requested change if it meets the criteria set forth
in these regulations.
6. The City Commission shall issue written findings of fact as required in these regulations.
16.10.060 NOTICE OF CERTIFICATION THAT WATER AND WASTE SERVICES WILL
BE PROVIDED BY LOCAL GOVERNMENT.
If the subdivider is proposing to request an exemption from the Department of Environmental Quality
(DEQ) for infrastructure plan and specification review, the preliminary plat application shall include a
written request from the subdivider's professional engineer, licensed in the state of Montana,
that indicates the intent to request the exemption, and details the extent of water, sewer, and storm
sewer infrastructure that will be completed within 1 year of preliminary plat approval. A detailed
preliminary storm water drainage plan must also be submitted with the written request. The Director of
Public Service shall, within 20 days after the findings of fact for the approved preliminary plat are signed
by the City Commission,send notice of certification to the DEQ per Section 76-4-127,M.C.A.
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;
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. Certification that the subdivision is within a jurisdictional area that has adopted a growth
policy pursuant to Chapter 1, Title 76, M.C.A. and a copy of the growth policy, when
applicable;
7. The relative location of the subdivision to the City;
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 1 year after the notice of
certification is issued;
9. If water supply, sewage disposal, or solid waste facilities are not municipally owned,
certification from the facility owners that adequate facilities are available; and
10. Certification that the City Commission has reviewed and approved plans to ensure
adequate stormwater drainage.
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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 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 has been satisfied. Along with the original of all required documents,
the final plat shall be submitted to the Planning Department in the following form: four 3 mil or
heavier matte stable-base polyester film or equivalent copies; two digital copies on 3-1/2" 2HD
disk or CD-ROM; and five paper prints.
B. County Treasurer Certification. A final plat will not be accepted as complete until the County
Treasurer has certified that no real property taxes and special assessments assessed and levied on
the land to be subdivided are delinquent.
C. Review of Abstract and Covenants. With the final plat, the subdivider shall submit to the
Planning Department a certificate of a licensed title abstractor showing the names of the owners
of record of the land to be subdivided and the names of lienholders or claimants of record
against the land, and the written consent to the subdivision by the owners of the land, if other
than the subdivider, and any lienholders or claimants of record against the land. The certificate
of licensed title abstractor shall be dated no earlier than 30 days prior to submittal. Covenants
shall also be submitted to the Planning Department with the final plat application. The Planning
Staff will obtain the CityAttorney's approval of the Covenants and CityAttorney's Certificate.
D. Review by the Planning Department. 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 Department shall
forward a report to the City Commission for their action.
E. Final Plat Approval. The Caty Commission shall examine every final plat, and within 45 days of
the date of submission to the Planning Department shall approve it if it conforms to the condi-
tions of preliminary approval and the terms of these regulations.
The City Commission shall examine every final plat at a regular meeting.
1. If the final plat is approved, the Director of Public Service shall so certify the
approval in a printed certificate on the plat.
2. If the final plat is disapproved, the City Commission shall cause a letter to be
written to the subdivider stating the reasons therefore.
F. Filina. The subdivider shall file the approved, signed final plat and all other required certificates
and documents with the Clerk and Recorder within 60 days of the date of final approval.
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CHAPTER 16.12
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 subdivided land can be
sold or transferred in any manner. Subdivisions containing 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.
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 pre-application plan, if, in the opinion of the Planning Department, pre-application review comments
should be obtained from other reviewing agencies.
A. Pre-Application Plan Review. If a pre-application plan is required or submitted, the subdivider
shall submit an application for pre-application review, the appropriate fee, and all required pre-
application information as set forth in Chapter 16.08.
1. Planning Department Review. Ten copies of the pre-application materials are required,
unless a different number of copies are agreed to during a pre-submittal meeting. The
Planning Department shall review the pre-application plan and advise the subdivider as
to whether the plans and data meet the goals and objectives of applicable plans and these
regulations.
a. Agency 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 30 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. Optional Planning 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 20
copies of the pre-application materials are required for this optional review.
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a. The request must be received at least 30 working days prior to the Planning
Board meeting at which it is to be considered. The application will be submitted
to the Planning Board at their next available meeting. A copy of the approved
minutes of the Planning Board meeting will be forwarded to the subdivider.
16.12.030 REVIEW PROCEDURES FOR MINOR SUBDIVISIONS.
After the requirement for pre-submittal and/or pre-application review has been satisfied, the subdivider
may 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 do not apply.
B. Second or Subsequent Minor Subdivision Created From a Tract of Record. For a second or
subsequent minor subdivision created from a tract of record a public hearing shall be held in
accordance with the hearing procedures in Section 16.10.050.
C. Variance Requests for Minor Subdivisions. If the subdivider of a minor subdivision is
requesting a variance from any requirement of these regulations, the procedures of Section
16.30.010 must be followed. Due to the requirement for a public hearing on variance requests,
the subdivider shall provide the PIanning Department with a written extension of the 35
working day review period referred to in Section 16.12.040.E of these regulations at the time the
preliminary plat application and variance request are submitted.
16.12.040 PRELIMINARY PLAT REVIEW.
A. Preliminary Plat Application Submission. Within at least 18 days prior to the next regular
Planning Board meeting, the subdivider shall submit an application for minor subdivision
review, the appropriate fee, and 20 copies of all required preliminary plat information and
supplementary information,as set forth in these regulations.
The Planning Department shall review the application within 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 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 Agencies. The Planning Department may submit copies of the preliminary plat and
supplementary information to relevant utilities and public agencies for review and comment.
Review by public agencies or utilities shall not delay the City Commission's consideration of the
preliminary plat beyond the statutorily specified review period.
C. Planning Board Review. At a regularly noticed meeting, the Planning Board shall review all
preliminary plats, together with required supplementary plans and information, and determine
whether the plat is in compliance with the City's growth policy.
D. Planning Board Recommendation. Within 10 days of their review, the Planning Board shall
submit in writing to the City Commission, a resolution forwarding its' advice regarding
42
compliance with the City's growth policy, and a recommendation for approval, conditional
approval, or disapproval of the plat.
E. City Commission Action.
1. First Minor Subdivision Created from a Tract of Record. The City Commission shall
consider the application and the Planning Board's recommendation during a regular
public meeting of the Commission. The City Commission shall approve, conditionally
approve, or disapprove the preliminary plat of a first minor subdivision within 35
working days of determination that the application is complete, unless there is a written
extension from the subdivider.
2. Subdivisions Eligible for Summary Review. The City Commission shall consider the
application and the Planning Board's recommendation during a regular public meeting of
the Commission. The City Commission shall approve, conditionally approve, or
disapprove a proposed subdivision that is eligible for summary review within 35 days of
determination that the application is complete, unless there is a written extension from
the subdivider. 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 Section 76-4-101 et. seq.,M.C.A.
3. 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 preliminary plat. The City Commission
shall approve, conditionally approve, or disapprove the preliminary plat of a second or
subsequent minor subdivision within 60 working days of determination that the
application is complete, unless there is a written extension from the subdivider.
a. Notice of the time and date of the preliminary plat public hearing(s) shall be
given by publication in a newspaper of general circulation in Gallatin County not
less than 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 15 days prior to the date
of the hearing(s).
If the City Commission disapproves or conditionally approves the preliminary
plat, it shall forward one copy of the plat to the subdivider 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:
i. The reason for the denial or condition imposition;
ii. The evidence that justifies the denial or condition imposition; and
1. Information regarding the appeal process for the denial or condition
imposition.
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F. Criteria for Governing Body Action. The basis for the City Commission's decision to approve,
conditionally approve, or disapprove the subdivision shall be whether the preliminary plat,
applicable public hearing, Planning Board advice and recommendation, and additional
information demonstrates that development of the subdivision_complies with these regulations,
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 regulations. The City
Commission may not deny approval of a subdivision based solely on the subdivision's impacts
on educational services.
G. Mitigation. The City Commission may require the subdivider to design the subdivision to
reasonably minimize potentially significant adverse impacts identified through the review
required by these regulations. The City Commission shall issue written findings to justify the
reasonable mitigation required by these regulations. 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
subdivider and shall give due weight and consideration to the expressed preference of the
subdivider.
H. Findings of Fact. The City Commission shall issue written findings of fact that discusses and
weighs the following criteria,as applicable (pursuant to 76-3-608(2),MCA):
1. Compliance with the survey requirements of the Montana Subdivision and Platting Act;
2. Compliance with these subdivision regulations and the review process of these
regulations;
3. The provision of easements for the location and installation of any necessary utilities;
and
4. 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.
I. Preliminary Plat Approval Period. Upon approving or conditionally approving a preliminary
plat, the City Commission shall provide the subdivider with a dated and signed statement of
approval. This approval shall be in force for not more than 3 calendar years or less than 1
calendar year. At the end of this period the City Commission may, at the request of the
subdivider, extend its approval for no more than 1 calendar year, except that the City
Commission may extend its approval for a period of more than 1 year if that approval period is
included as a specific condition of a written subdivision improvements agreement between the
City Commission and the subdivider,provided for in Chapter 16.22.
J. Changes to Conditions After Approval. Upon written request of the subdivider, the City
Commission 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.
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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 City Commission may approve the requested
change if it meets the criteria set forth in these regulations.
4. The City Commission shall issue written findings of fact as required in these regulations.
16.12.050 NOTICE OF CERTIFICATION THAT WATER AND WASTE SERVICES WILL
BE PROVIDED BY LOCAL GOVERNMENT.
If the subdivider is proposing to request an exemption from the Department of Environmental Quality
(DEQ) for infrastructure plan and specification review, the preliminary plat application shall include a
written request from the subdivider's professional engineer, licensed in the state of Montana,
that indicates the intent to request the exemption, and details the extent of water, sewer, and storm
sewer infrastructure that will be completed within 1 year of preliminary plat approval. A detailed
preliminary storm water drainage plan must also be submitted with the written request. The Director of
Public Service shall, within 20 days after the findings of fact for the approved preliminary plat are signed
by the City Commission,send notice of certification to the DEQ per 76-4-127,M.C.A.
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. Certification that the subdivision is within a jurisdictional area that has adopted a growth
policy pursuant to Chapter 1, Title 76, M.C.A. and a copy of the growth policy, when
applicable;
7. The relative location of the subdivision to the City;
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 1 year after the notice of
certification is issued;
9. If water supply, sewage disposal, or solid waste facilities are not municipally owned,
certification from the facility owners that adequate facilities are available;and
10. Certification that the City Conunission has reviewed and approved plans to ensure
adequate stormwater drainage.
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16.12.060 FINAL PLAT APPLICATION.
The final plat application requirements of Section 16.08.070 of these regulations shall be followed.
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CHAPTER 16.14
DESIGN AND IMPROVEMENT STANDARDS, GENERAL
16.14.010 GENERAL STANDARDS.
A. Conformance. The design and development of a subdivision shall conform to adopted-growth
policies, 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 City Commission 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, presence of wetlands, 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 of 25 percent or greater shall be presumed unbuildable unless
otherwise provided by the developer.
D. Re-vegetation. All areas disturbed during construction shall be reseeded with vegetation types
approved bythe Gallatin County Weed Control Supervisor.
16.14.020 CENTERS.
To provide a neighborhood focal point, all subdivisions 10 net acres in size or greater shall have a
subdivision center. Subdivisions may be exempted from this requirement if every lot within the
subdivision is within one-half mile of an existing neighborhood center. Generally,the center shall be no
less than 1 acre in size. The center shall be comprised of a park, square, green, plaza, transit stop,
neighborhood commercial center, civic use, or any combination of these. The following requirements
shall apply to all subdivision centers:
A. The geographic center point of the center shall be no further than 600 feet from the geographic
center point of the subdivision. This requirement may be waived in the following circumstances:
1. The subdivision would create parcels that are all nonresidential;
2. The center is a neighborhood commercial center or is adjacent to a neighborhood
commercial center;
3. The site is constrained by the presence of critical lands; or
4. The site is part of an approved subarea plan that shows the center in a different location.
B. With the exception of civic and neighborhood commercial center uses, the subdivider shall be
responsible for installing all center related improvements as part of the required subdivision
47
improvements. Required improvements shall be based on the definition of each feature and/or
City standards.
B. The center shall generally have streets along at least 75 percent, but not less than 50 percent, of
the perimeter.
C. With the exception of civic and neighborhood commercial center buildings and grounds, the
center shall be considered subdivision common area to be owned and maintained by the
property owners' association. The property owners' association could establish an improvement
district to collect assessments to pay for the maintenance.
D. Areas within subdivision centers used for park, square, green, and/or square, that meet the
following criteria, may count towards required parkland dedication subject to review and
approval by the City Commission, after receiving a recommendation from the Bozeman
Recreation and Parks Advisory Board:
a. The area is predominantly open space with enhanced natural features, but may contain
amenities such as sidewalks, seating, drinking and ornamental fountains, and public an;
and
b. The area provides active and/or passive recreation opportunities.
E. The center may be used for limited stormwater retention/detention facilities if reviewed and
approved by the City Engineer. However, any part of the center used for stormwater
management shall not count towards park dedication requirements.
16.14,030 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. A variety of lot sizes shall be provided to
facilitate housing diversity and choice, and to meet the projected requirements of people with
different housing needs. 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 growth policies, where officially
adopted, and to the regulations of the State Department of Environmental Quality.
B. Division by bights-of-Way. 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/Through and Reverse Frontage. Double/through frontage and reverse frontage lots
shall be avoided except where essential to provide separation of residential development from
arterial streets; to provide access to development adjacent to limited access streets; to overcome
topography or other physical conditions; or to overcome specific disadvantages of existing
design and orientation. Lots fronting on a street and an alley shall not be considered
double/through frontage lots.
D. Comer Lots. Corner lots shall have sufficient width to permit appropriate building setback from
both streets, and provide acceptable visibility for traffic safety.
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1. Homes on corner lots shah have the same orientation as homes on lots on the interior of
the block-
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.
F. Depth. No lot shall have an average depth greater than 3 times its average width.
G. Side Lot Lines. Side lot lines shall be,whenever practical,at right angles or radial to street lines.
H. Frontage on Public Streets. Each lot shall have a minimum of 25 feet of frontage on a public
street or on a public street easement, to provide, among other things, adequate room for snow
removal along the lot access (driveway), and utility easements.
I. Civic Uses. If lots are reserved or identified for civic uses, these lots must be prominent sites at
the termination of street vistas, or in the subdivision center.
16.14.040 BLOCKS. (See Figure 1)
A. Size and Orientation. Blocks shall be designed to assure a high level of multimodal connectivity,
traffic safety,and ease of 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 Length. Block length shall not be designed, unless otherwise impractical,to be more than
400 feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if
necessary due to topography,the presence of critical lands, access control, or adjacency to parks
or open space. In no case shall a block exceed 1,320 feet in length.
C. Block Width. Blocks shall not be less than 200 feet or more than 400 feet in width, except
where essential to provide separation of residential development from a traffic arterial or to
overcome specific disadvantages of topography and orientation.
D. Rights-Of-Way for Pedestrians. Rights-of-way for pedestrian walks, not less than 10 feet wide,
shall be required where deemed essential to provide circulation or access to parks, open space,
schools, playgrounds, shopping centers, transportation and other community facilities. In
addition, no continuous length of block shall exceed 400 feet without intersecting a street or
pedestrian walk Yards adjacent to pedestrian walks shall be treated as corner side yards, and
property owners shall be responsible for maintaining pedestrian walks adjacent to their
properties. Pedestrian walks shall be constructed as a City standard sidewalk, and the provisions
of Section 16.14.050 of these regulations shall apply.
E. Subdivisions which have clearly delineated blocks shall use block numbers or letters, and each
block shall contain its own grouping of lot numbers.
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Figure 1
f—Block Length (400 feet— 1,320 feet) ►
No Access Strip
Corner Corner
Side Interior Lot
Yard Double/ Lot Rear Lot Block
Reverse Through Line Width
Frontage ~ Frontage (two tiers
Front Lot
Lot Lot Lot of lots)
1 Lot Width th Line p l 1
Block
16.14.050 SIDEWALKS.
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 frontages prior to occupancy of any
structure on individual lots. Upon the third anniversary of the plat recordation of any phase of the
subdivision,any lot owner who has not constructed said sidewalk shall,without further notice,construct
within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made
upon the lot.
An Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all sidewalks within the subdivision within a 3-year period. The developer shall supply
the City of Bozeman with an acceptable method of security equal to 150 percent of these remaining
sidewalk improvements.
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.
16.14.060 EASEMENTS.
A. Required Easements. Where determined to be necessary, easements shall be provided for
utilities, drainage, vehicular or pedestrian access, and planting screens. All easements in the
subdivision shall be described, dimensioned,and shown on the final plat in their true and correct
location.
B. Utility 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, shall be located in a location required by and agreed upon in writing
by all of the appropriate utility companies and the City Commission.
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2. Rear and side yard utility easements shall be 20 feet wide, centered on lots lines, where
practical, and front yard utility easements shall be 12 feet wide, except the City
Commission may require easements for sanitary sewer, storm sewer, and water lines to
be 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: "The undersigned hereby grants
unto each and every person,firm, or corporation,whether public or private,providing or
offering to provide telephone, electric power, gas, internet 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 `UtilityEasement'to have and to hold forever."
C. Imgation Facility Easements. The subdivider shall establish ditch easements in the subdivision
that are in locations of appropriate topographic characteristics and sufficient width, to allow the
physical placement and unobstructed maintenance of active open ditches or below ground
pipelines. The easement shall facilitate the delivery of water for irrigation to persons and lands
legally entitled to the water under an appropriated water right or permit of an irrigation district
or other private or public entity formed to provide for the use of the water night on the
subdivision lots. Generally, irrigation facilities shall require a minimum easement width of 20
feet beyond the limits of the facility; 15 feet on one side and 5 feet on the other side of the
facility to allow for construction, repair, maintenance and inspection. The placement of
structures or the planting of vegetation other than grass within the irrigation facility easement are
prohibited without the written permission of the owner of the drainage or irrigation facility.
1. The establishment of drainage and irrigation maintenance easements is not required if:
a. The average lot size is 1 acre or less and the subdivider provides for disclosure,in
a manner acceptable to the City Commission, that adequately notifies potential
buyers of lots that are classified as irrigated land and may continue to be assessed
for irrigation water delivery even though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the
water rights from the subdivided land through an appropriate legal or
administrative process, and if the removal or intended removal is denoted on
the preliminary plat. If removal of water rights is not complete upon filing of
the final plat, the subdivider shall provide written notification to prospective
buyers in the intent to remove the water right and shall document that intent,
when applicable, in agreements and legal documents for related sales
transactions.
2. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If
an irrigation facility or points of diversions thereon is proposed to be realigned or
relocated, the subdivider's professional engineer shall certify,prior to final plat approval,
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that the amount of water entering and exiting the realigned or relocated irrigation facility
is the same amount of water that entered or exited the facility prior to realignment or
relocation.
3. Stormwater from a subdivision shall not be discharged to an irrigation facility.
16.14.070 FIRE PROTECTION REQUIREMENTS.
All subdivisions shall provide adequate fire protection. National Fire Protection Association (NFPA)
standards for hydrant systems shall be met.
16.14.080 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 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 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 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 Environmental Quality as required
by Section 76-4-101 through 76-4-135,M.C.A., and all regulations adopted pursuant thereto, and
are subject to the approval of the City Commission.
1. The subdivider shall provide suitable drainage facilities for any surface runoff affecting
the subdivision.
2. Drainage facilities, including detention and/or retention facilities shall be provided in
accordance with the criteria and provisions of the City's Storm-water Master Plan and any
applicable City Standard Drawings.
3. Drainage systems shall not discharge into any sanitary sewer facility or agricultural water
user facilities.
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.
D. When a proposed subdivision adjoins unsubdivided land and storm sewer infrastructure to the
unsubdivided land would reasonably pass through the new subdivision, storm sewer
infrastructure shall be arranged to allow the suitable development of the adjoining unsubdivided
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land. Storm sewer infrastructure within the proposed subdivision shall be constructed to be
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 City Commission.
E. Public Parks and Open Space. Public park land or public open space may not be used for storm
water detention or retention ponds, but shall not count towards the parkland dedication
requirement. Any stormwater ponds located on park land or public open space shall be
designed, constructed and/or added to so as to be conducive to the normal use and maintenance
of the park or open space. Storm water ponds shall not be located on private lots.
16.14.090 MAIL DELIVERY.
If mail delivery will not be to each individual lot within the subdivision, the subdivider shall provide an
off-street area for mail delivery within the subdivision in cooperation with the United States Postal
Service. It shall not be the responsibility of the City to maintain or plow any mail delivery area
constructed within a City right-of-way.
16.14.100 PARK REQUIREMENTS.
Except as provided in subsection C of this section, 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. Three-one-hundredths (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 growth policy and zoning regulations.
1. If a subdivision is proposed within a multi-family zoning district and the density of the
property is unknown, cash in lieu or land donation of 11 percent of the land proposed to
be subdivided into lots for multi-family use shall be provided. This park dedication
requirement is based on the community need for parks, as identified in the any adopted
citywide parks plan.
2. For the purpose of this section, "dwelling unit" means a residential structure in which a
person or persons reside.
B. When a subdivision is located totally within an area for which density requirements have been
adopted pursuant to a growth policy under Title 76, Chapter 1, M.C.A., or pursuant to zoning
regulations established under Title 76, Chapter 2, M.C.A., the City Commission 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 A, of this section, and may not exceed
0.03 acres per dwelling unit.
C. A park dedication or cash in lieu thereof may not be required for:
1. A minor subdivision.
2. Land proposed for subdivision into parcels larger than 5 acres.
3. Subdivision into parcels which are all nonresidential.
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4. A subdivision in which parcels are not created, except when that subdivision provides
permanent multiple spaces for recreational camping vehicles, manufactured homes, or
condominiums.
5. A subdivision in which only 1 additional parcel is being created.
D. Use. As part of a Park Master Plan,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 City Commission.
E. Location. The City Commission, in consultation with the subdivider, the Planning Board, and
the Recreation and Parks Advisory Board, may determine suitable locations for parks and
playgrounds. Parkland must be located on usable land, and should be kept in a large block
1. Linear Parks. If consistent with a growth policy or citywide park plan, and if reviewed
and approved by the City Commission, linear parks shall be dedicated to the City to
provide corridors for recreational trails as defined in Section 16.14.120.B.2. To ensure
adequate room for trail construction, maintenance and use, linear parks shall be at least
25 feet in width. These areas shall be maintained by the property owners' association, in
conformance with an approved maintenance plan, until an alternative method (e.g., a
citywide parks maintenance district) of funding and maintaining the linear park is
established.
a. Trail corridors within required watercourse setbacks shall not be dedicated to the
City and such land may not be used to satisfy parkland dedication requirements.
Instead, parkland dedication credit shall be granted only for the cost of
constructing Class II or III recreational trails. The developer shall provide a
detailed cost estimate for installation of the trail, for review and acceptance by
the City, to determine the parkland dedication credit. Within required
watercourse setbacks, a public access easement that is at least 25 feet in width
shall be provided to ensure adequate room for the construction, maintenance
and use of the trail.
Giving due weight and consideration to the expressed preference of the subdivider, the City
Commission 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 along at least 50 percent of its perimeter on
public or private streets or roads.
If a sub-area or neighborhood plan has been adopted for the area, the subdivision shall comply
with the sub-area or neighborhood plan for the location of parks.
F. Development. Subdividers shall consult any adopted citywide park plan and with the Recreation
and Parks Advisory Board which implements the plan to determine the types of parks needed
for the proposed subdivision and surrounding area. Parks shall be developed in accordance with
the citywide park plan and any approved Park Master Plan. At a minimum, all subdivision parks
shall be developed to the following standards by the subdivider, prior to final plat approval.
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1. Minimum Standards for Park Dedication. The subdivider shall be responsible for
leveling any park area(s), amending the soil, seeding disturbed areas to allow mowing
with turf type mowers, and installing an underground irrigation system in compliance
with City standards and specifications.
a. Parks shall be seeded with draught tolerant grass seed.
2. Imgation. The subdivider shall be responsible for irrigating the park area(s) until 50
percent of the subdivision lots are sold. Thereafter, the property owners' association
shall be responsible for park irrigation. The property owners' association could establish
an improvement district to collect assessments to pay for irrigation.
a. Wells shall be used to irrigate parkland.
3. 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.
4. Sidewalks. Sidewalks, when required within the subdivision, shall be installed by the
subdivider at points where the park borders or crosses streets.
5. Storm Water Detention/Retention Ponds. Public park land may not be used for storm
water detention or retention ponds, but shall not count towards the parkland dedication
requirement. Any storm-water ponds located on park land shall be designed, constructed
and/or added to so as to be conducive to the normal use and maintenance of the park
Storm water ponds shall not be located on private lots.
6. Clean Up Required. The park area must have all fencing material, construction debris,
and other trash removed.
7. Waiver of Park Maintenance District. The subdivider shall sign and file with the final
subdivision plat, a waiver of right to protest the creation of park maintenance district(s).
G. Cash in Lieu of Park Land Donation. Where in the opinion of the City Commission the
dedication of land for parks and playgrounds is undesirable because of size, topography, shape,
location, or other circumstances,the City Commission 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 after it has been annexed and given an urban zoning
designation.
2. Where cash has been accepted in lieu of land dedication, the amount of cash donation
shall be stated on the final plat.
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3. Where cash has been accepted in lieu of land dedication, the City Commission 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.
H Use of Cash-In-Lieu Park Funds.
1. The City Commission shall use the dedicated money or land for development,
acquisition, or maintenance of parks to serve the subdivision.
2. The City Commission 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 City Commission has formally adopted a citywide park plan that establishes
the needs and procedures for use of the money.
3. The City Commission may not use more than 50 percent of the dedicated money for
park maintenance.
I. Property Owners' Association. In subdivisions which do not qualify as planned unit
developments, the City Commission 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 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
J. Subdivisions Created for Rent or Lease. The City Commission may waive dedication and cash
donation requirements for subdivisions to be created by rent or lease (i.e., manufactured housing
communities 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.
K. Previously 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 City Commission shall issue an order
waiving the land dedication and cash donation requirements for the subsequently platted area.
L. Waiver of Park Dedication. The City Commission shall waive the park dedication requirement
if:
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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 herein, is reduced by an amount equal to or exceeding the area of the
dedication otherwise required.
2. The preliminary plat provides for a planned unit development, resource conservation
subdivision, or other development with 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 the area of the land and any improvements set aside for park and
recreational purposes equals or exceeds the area of the dedication otherwise required.
3. The area of the land proposed to be subdivided, by virtue of a combination of the
provisions of subsections (L)(1) and (L)(2) of this section, is reduced by an amount equal
to or exceeding the area of the dedication required.
M. Off-Site Parkland Dedication. Off-site parkland dedication is permitted to aggregate and
consolidate parkland. Subdividers may dedicate off-site parkland provided that:
1. The land being subdivided shall be within the service area, as designated by an adopted
parks plan, of the dedicated parkland; and
2. The subdivider must own the land being dedicated as an off-site parkland dedication;
OR
The subdivider must execute the appropriate public access easements on privately-
owned land. The easements shall be held by the City of Bozeman. The City of
Bozeman's responsibilities for parkland dedicated by easement shall be the same as for
fee simple parkland dedication.
16.14.110 LANDSCAPING OF PUBLIC RIGHTS-OF-WAY.
A. City of Bozeman Rights-of-Wad The subdivider shall be responsible for installing sod,
boulevard trees, and an irrigation system in the public right-of-way boulevard strips along all
external subdivision streets and adjacent to subdivision parks or other open space areas.
1. Prior to installing landscaping in City of Bozeman rights-of-way, the subdivider shall
submit a landscaping plan to the Superintendent of Public Lands and Facilities for
review and approval. The landscaping plan shall be prepared by a qualified landscaping
professional.
2. Tree planting permits shall be obtained from the City Forestry Division prior to
installation of trees in City rights-of-way.
3. Draught tolerant grass seed shall be planted in these areas.
4. Wells shall be used to irrigate landscaping in these areas.
5. The subdivider shall be responsible for irrigating and maintaining landscaping along
external streets and landscaping adjacent to parks or other opens space areas until 50
57
percent of the lots are sold. Thereafter, the property owners' association shall be
responsible for maintaining and irrigating these landscaped areas. The property owners'
association could establish an improvement district to collect assessments to pay for the
irrigation and maintenance.
B. State of Montana Rights-of-Way. Landscaping shall be installed along state rights-of-way,in the
same manner described in Section 16.14.110.A, provided that the Montana Department of
Transportation has reviewed and approved the proposed landscaping plan.
16.14.120 PATHWAYS.
A. General. Subdividers shall install subdivision pathways in accordance with this chapter, the
Bozeman 2020 Community Plan; the Greater Bozeman Area Transportation Plan Year 2001
Update; and the Recreation, Parks, Open Space, and Trails (POST) Plan, and shall comply with
City of Bozeman design specifications.
1. Trail Corridor Dedication. With the exception of trail corridors within required
watercourse setbacks, all trail corridors shall be dedicated to the City of Bozeman. Trail
corridor dedications shall be at least 25 feet wide to ensure adequate room for trail
construction, maintenance and use.
B. Pathway Categories. During pre-application review, the Bozeman Development Review
Committee shall be responsible for determining whether a pathway is a transportation pathway
or a recreation pathway based on the criteria listed is subsections 1 and 2 below.
1. Transportation Pathways. Subdividers shall install transportation pathways, to provide
adequate multi-modal transportation facilities within the subdivision, as part of the
required subdivision improvements. Transportation pathways shall be ADA accessible,
and include the following facilities:
a. Sidewalks;
b. On-street bike lanes and bike routes;
C. Boulevard trails;
d. Class I trails;
i. 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 parkland dedication
requirements.
e. Pathways that connect community or neighborhood commercial nodes by a
reasonably direct route;
f. Pathways that connect major residential, employment, educational, or other
service nodes by a reasonably direct route;
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2. Recreation Pathways. The City Commission may require subdividers to install recreation
pathways, to provide recreational and physical fitness opportunities within the
subdivision, as part of the required subdivision improvements. These areas shall be
maintained by the property owners' association in conformance with an approved
maintenance plan. Recreation pathways include the following types of facilities:
a. Pathways that do not connect major residential, employment, educational, or
service nodes;
b. Pathways that connect parks, but do not connect major residential, employment,
educational,or service nodes;
C. Pathways that are not ADA accessible due to topography,
d. Pathways located within parks; and
e. Class II and III trails.
i. Corridors for Class II and III trails shall be dedicated to the City and may
be used to satisfy parkland dedication requirements. A corridor that is at
least 25 feet shall be provided to ensure adequate room for pathway
construction, maintenance and use.
C. Related Facilities. If pathways are proposed or required, stream crossings and other similar
improvements, where necessary, shall be installed. Bridge specifications shall comply with City
requirements, and shall be submitted to the City for review and approval. Any necessary permits
for bridges shall be obtained by the subdivider 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 constructed according to an adopted park plan. Trails and
bridges must meet Americans with Disabilities Act (ADA) specifications for recreational
facilities and maintain a natural appearance. Trail specifications shall be submtted to the
Planning Department for review and approval.
E. Bicycle Lanes and Boulevard Trails. The decision to install a boulevard trail or a bike lane shall
be based on the Bike Route Network Map (Figure 6-4) contained in the Greater Bozeman Area
Transportation Plan Year 2001 Update. The City Commission may consider exceptions based
on the particular characteristics of a transportation corridor and recommendations from the
Development Review Committee. Boulevard trails and bike lanes shall be installed in
accordance with the standards contained in the Greater Bozeman Area Transportation Plan Year
2001 Update, and shall conform with City specifications.
F. Pathway Maintenance. Trails within and adjacent to the proposed subdivision, as well as off-
street pathways (i.e., sidewalks and boulevard trails) along external subdivision streets, shall be
maintained (including snow removal) by the subdivider until 50 percent of the lots within the
subdivision area sold. Thereafter the property owners' association shall be responsible for
maintenance. The property owners' association could establish an improvement district to
collect assessments to pay for the maintenance.
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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 parkland dedication
requirements. Instead, parkland dedication credit shall be granted only for the cost of
constructing Class II or III recreation trails. The developer shall provide a detailed cost estimate
for installation of the trail, subject to review and acceptance by the City, to determine the
parkland dedication credit. 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.
16.14.130- DEVELOPMENT OR MAINTENANCE OF COMMON AREAS AND
FACILITIES BY SUBDIVIDER OR PROPERTY OWNERS'ASSOCIATION.
A. General. For the purposes of this section, "common areas and facilities" include:
1. Public and/or private parkland;
2. Boulevard strips in public rights-of-way along external subdivision streets and adjacent
to parks and/or open space;
3. Common open space;
4. Neighborhood centers (except for neighborhood commercial and civic uses and their
grounds);
5. Pathways.
B. Development. If common areas or facilities will be developed by the subdivider or by a
property owner's association, a development plan shall be submitted with the preliminary plat
application for review and approval. The development plan shall be reviewed and approved by
the City prior to the installation of improvements in common areas or the installation of
common facilities. An approved park master plan would satisfy this requirement.
1. Landscaping. If landscaping will be installed in parkland, boulevard strips, or common
open space, the development plan shall be accompanied by a landscaping plan that was
prepared by a qualified landscaping professional. If landscaping in common areas is
installed by the subdivider, the subdivider shall warrant against defects in these
improvements for a period of 2 years from the date of installation of the landscaping.
2. Tree Permits. If trees will be planted in dedicated City parkland or boulevard strips,tree
planting permits shall be obtained from the City Forestry Division.
C. Maintenance. If common areas or facilities will,be maintained by the subdivider or by a property
owner's association, a maintenance plan shall be submitted with the preliminary plat application
for review and approval. The maintenance plan shall include a maintenance schedule, and a
mechanism to assess and enforce the common expenses for the common area or facility. The
maintenance plan shall be included in the subdivision covenants.
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1. Landscaping Warranty. Any required or proposed landscaping must be maintained in a
healthy, growing condition at all tunes. Any plant that dies must be replaced with another
living plant that complies with the approved landscape plan.
16.14.140 SANITARY SE WE RS.
A. The subdivider shall install complete municipal sanitary sewer system facilities in accordance
with the requirements of the City of Bozeman and the State Department of Environmental
Quality. The subdivider shall submit plans and specifications for the proposed facilities to the
City of Bozeman and to the State Department of Environmental Quality, and shall obtain their
approvals prior to undertaking any construction.
B. City Street Cut Moratorium. During a period of 7 years following the initial paving, or any
subsequent repaving, the cutting of any City street shall be done in compliance with the City's
street cut policy.
C. When a proposed subdivision adjoins unsubdivided land and sanitary sewer infrastructure to the
unsubdivided land would reasonably pass through the new subdivision, sanitary sewer
infrastructure shall be arranged to allow the suitable development of the adjoining unsubdivided
land. Sanitary sewer infrastructure within the proposed subdivision 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 City Commission.
16.14.150 UTILITIES.
All new utilities shall be placed underground. Easements, as required in Section 16.14.060 shall be
provided.
16.14.160 WATER SUPPLY SYSTEM.
A. The subdivider shall install complete municipal water system facilities in accordance with the
requirements of the City, and the State Department of Environmental Quality. The subdivider
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 undertaking any
construction.
B. When the City'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.
C. The length of service lines from the main to the structure may not exceed 150 feet in length,
unless approved by the City Engineer and Water Superintendent.
D. City Street Cut Moratorium. During a period of 7 years following the initial paving, or any
subsequent repaving of a street, the cutting of any City street shall be done in compliance with
the City's street cut policy.
E. When a proposed subdivision adjoins unsubdivided land and water main infrastructure to the
unsubdivided land would reasonably pass through the new subdivision, water main
infrastructure shall be arranged to allow the suitable development of the adjoining unsubdivided
land. Water main infrastructure within the proposed subdivision shall be constructed to the
61
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 City Commission.
16.14.170 WATERCOURSE SETBACK,
Where a subdivision is crossed by or is adjacent to a watercourse, the subdivider shall mitigate the
impacts of the subdivision on the watercourse. This mitigation may not be less restrictive than the
requirements of the Bozeman Floodplain Regulations or any applicable zoning regulations. The
purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood
control.
A. Setbacks in Areas Platted Prior to the Effective Date of These Regulations. These provisions
shall apply to all areas platted prior to the effective date of these regulations, including applicable
subdivision exemptions.
1. Setbacks. A minimum 100-foot setback shall be provided along both sides of the East
Gallatin River. A minimum 35-foot setback shall be provided along both sides of all
other watercourses.
a. A portion of the required setback, immediately adjacent to the ordinary high
water mark,shall be left in a natural vegetative state as follows.
i. East Gallatin River— 50 feet
I Other Watercourses — 5 feet
b. No fence, residential or commercial structure, fill material, parking or other
similar improvements shall be located within required watercourse setbacks.
B. Setbacks in Areas for Which an Application for Preliminary Plat, Amended Plat or Extension
Has Been Submitted After the Effective Date of These Regulations. These provisions shall
apply to all areas for which an application for preliminary plat, amended plat or extension is
submitted to the planning department after the effective date of these regulations, including
applicable subdivision exemptions.
1. Setbacks. Unless otherwise specified in Section 16.14.130.B.4, the following setback
requirements shall be met:
a. East Gallatin River. A minimum 100-foot setback shall be provided along both
sides of the East Gallatin River.
b. Sourdough/Bozeman Creek and Bridger Creek A minimum 75-foot setback
shall be provided along both sides of Sourdough/Bozeman and Bridger Creeks.
C. Other Watercourses. A minimum 50-foot setback shall be provided along both
sides of all other watercourses.
2. No newly constructed residential or commercial structure, addition to an existing
structure, fence, deck, fill material (other than that required for exempt uses), parking lot
or other impervious surfaces, or other similar improvements shall be located within
required watercourse setbacks.
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3. Additional Reduirements. (See Figures 2 and 3)
a. The setback shall extend to the edge of any delineated 100-year floodplain;
b. The setback shall include adjacent wetlands. The buffer width shall be extended
by the width of the wetland;
C. Slopes 25 percent and over do not count towards the setback;
d. Two feet shall be added to the setback width for each percent of average slope
greater than 5 percent and less than 25 percent. The percentage of slope shall be
based on the average slope of the setback, exclusive of areas with slopes 25
percent and over.
Figure 2
Example:
Base width-50 feet Extent of
Average slope—6 percent 25 feet setback
Total width-127 feet 15%
50 linear
feet
Extra 2 feet due
to 6%average
25 feet 25 feet
Channel wetland 15%
1
1
25 ft not 25 feet 50 ft not 25 feet Extra
counted counted counted counted 2 feet
63
Figure 3
100-year floodplain
J, rM�niw�\n�v\v vvlr,r.�'nJ+rvwv+rrJv.^lvv. `« ti^^J.r�
. ^/, ♦♦ ` \ ^\/W�Mr+MJV`JMnr,Mnr.J`/\N'./��.M M ^Mrs ,-
�' rJwvw J nrr n^ JVV Island
J•nrvr.� nr\^rJ�nr.^J�J�iv,+r rJvvnr\
rnr^^r^J��`n nnnn�.\n^J^. n. ✓nJvn^err.
�� /.n�"nn ^ivnnJ�rnv\r„' � n^nvwv�J:n•,,.••.•r.�n�
�y
M���N✓�N�� _ ran nnivnnn�'^vv\N�^+rni
1JM.rJJ M�%Y\VW`rN��
Extent of the setback 4
r 'vMMI`J M
Ordinary high water mark
Fifty foot setback
Figure 4
Setback Zones
VW
Channel Zone 1—60 percent Zone 2—40 percent
Total Setback—100 percent
4. Exceptions. (See Figure 4)
a. On-site stormwater treatment facilities may be located in Zone 2.
b. Trails and trail-related improvements may be placed within the required
watercourse setback subject to the following provisions:
i. Trails, and trail-related improvements such as benches and trail signage,
may be placed in Zone 2.
64
I Limited, non-looping developed spur trails to the water's edge may cross
all zones. Benches and limited informational/interpretive signage may be
placed in Zone 1 at the terminus of spur trails.
iii. Due to topography, avoidance of wetlands, or other geographical
constraints portions of non-spur trails may need to be placed within
Zone 1. Trail construction within Zone 1, inclusive of watercourse
crossings and spur trails,per each side of the watercourse may not exceed
the length of 300 percent of the width of the applicable watercourse
setback per 500 lineal feet of watercourse.
iv. All trails must be constructed to minimize bank instability,sedimentation,
nutrient, and pollution runoff. Trails shall be aligned to minimize damage
to important plant and wildlife habitat.
V. Trails crossing the watercourse and trail-related bridge structures may be
located within all zones provided that the appropriate local, state and
federal permits are obtained.
C. Streets, sidewalks, utility lines, or similar public construction may be permitted
within all zones for the purpose of crossing a watercourse or protecting public
health and safety. The following practices shall be observed:
i. Crossings shall be minimized to the greatest extent feasible;
ii. Crossings with direct angles (90 degrees) shall be used to the greatest
extent feasible instead of oblique crossing angles;
iii. Construction shall be capable of withstanding 100-year flood events;
iv. The subdivision grading and drainage plan shall be designed to prevent
the discharge of untreated stormwater into a watercourse.
V. A bank stabilization plan for all public construction watercourse
crossings shall be prepared and approved by the City prior to site
preparation and installation of the improvement(s).
d. Outlets from stormwater treatment facilities may pass through all zones in order
to discharge to the receiving watercourse, provided that all required permits are
obtained.
e. Activities required within limits outlined in any approved noxious weed control
plan may occur in all zones.
5. Setback Planting. A setback planting plan shall be prepared by a qualified landscape
professional, and shall be reviewed and approved by the Planning Department prior to
the commencement of development or site preparation. The plan shall include a
schedule, and plantings shall be depicted on the plan as follows:
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a. Zone 1: Thirty percent of Zone 1 shall be planted with native riparian sedges,
forbs and grasses, and the remaining 70 percent shall be planted with a mix of
new or existing trees and/or shrubs. Trees shall be spaced 25 to 35 feet apart
depending on the species. Shrubs shall be spaced 5 to 15 feet apart depending
on the species. Tree and shrub species selected shall be suitable for the climate
and for planting in a riparian area with an emphasis on native species. The
Natural Resources Conservation Service (NRCS) and the Gallatin Local Water
Quality District (LWQD) are good sources of landscaping materials and/or
landscaping information.
b. Zone 2: Zone 2 shall be planted with new or existing native grasses suited for a
riparian area. The Natural Resources Conservation Service (MRCS) and the
Gallatin Local Water Quality District (LWQD) are good sources of landscaping
materials and/or landscaping information.
C. To prevent soil erosion and the invasion of noxious weeds, the watercourse
setbacks on all land proposed for subdivision shall be covered with existing
vegetation or shall be seeded with native grasses as soon as seasonally feasible or
prior to commencement of any site development or site preparation work.
d. Planting materials are exempt from the size requirements of Section
18.49.060.G.3 of the Zoning Ordinance.
6. Except for as otherwise allowed in 16.14.130.B.4 and 5, no disturbance of soils and
existing vegetation shall occur in all Zones.
C. Other Provisions.
1. All watercourse setbacks shall be measured from the ordinary high water mark as defined
in these regulations. When no ordinary high water mark is discernible, setbacks shall be
measured from the top of the streambank.
2. The watercourse setback shall be depicted on all preliminary and final plats.
3. These provisions do not apply to agricultural uses, including lands enrolled in the
conservation reserve program (CRP), activities, and structures that existed prior to the
effective date of these regulations. Any agricultural uses, activities, or structures
established after the effective date of these regulations shall comply with these
regulations. An agricultural use, activity, or structure shall be considered abandoned if
not used for agricultural purposes for more than 180 consecutive days.
D. Watercourse Mitigation Plan. The subdivider shall submit a plan with the preliminary plat
application and propose measures to mitigate the impacts of the subdivision on the watercourse.
The plan shall evaluate the potential effects of the proposed subdivision on the watercourse and
include,at a minimum: consideration of wildlife and fish habitat,water quality and vegetation.
16.14.180 NOXIOUS WEEDS.
Noxious weeds shall be controlled in all subdivisions as directed by the Gallatin County y Weed Control
District (District) in accordance with the Montana County Noxious Weed Control Act (Act).
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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 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 Department 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.
16.14.190 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.
16.14.200 WATER RIGHTS.
When a subdivision creates parcels with lot sizes averaging less than 5 acres,the subdivider shall:
A. Reserve all or a portion of the appropriation water rights owned by the owner of the land to be
subdivided and transfer the water rights to a single entity for use by the landowners within the
subdivision who have a legal right to the water and reserve and sever any remaining surface
water rights from the land;
B. If the land to be subdivided is subject to a contract or interest in a public or private entity
formed to provide the use of a water right on the subdivision lots, establish a landowner's water
use agreement administered through a single entity that specifies administration and the rights
and responsibilities of Iandowners within the subdivision who have a legal right and access to
the water; or
C. Reserve and sever all surface water rights from the land.
16.14.210 TRANSIT FACILITIES.
Subdivisions with designated transit routes along exterior or interior subdivision streets shall be designed
with the following requirements:
A. Spacing of Transit Stops. All subdivision lots shall be no further than one-half mile from a
designated transit route;
B. Length of Transit Stops. Subdivisions shall be designed to accommodate a bus length of at least
90 feet on designated transit routes.
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C. Distance from Intersection. Transit stops shall be at least 5 feet from pedestrian crosswalks or
the end of corner radii.
D. Driveway Conflicts. Lots and lot accesses shall be configured to avoid conflicts with transit
stops.
E. Ling. Subdivision street lighting shall be configured to provide adequate lighting at transit
stops.
16.14.220 RIDGELINES AND VIEWSHEDS.
So that structures blend more naturally into the landscape rather than being a prominent focal point, no
development shall intrude into any ridgeline protection area. These areas are identified and designated
based on topographic information and include, but are not limited to, the features shown on the
Bozeman Ridgeline Map. For the purposes of this section, a designated ridgeline protection area shall
include the crest of any hill or slope so designated,plus the land located within 100 horizontal feet (plan
view) on either side of the crest of the hill or slope.
100 feet 100 feet
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16.14.230 LIGHTING.
A. Purpose
1. Provide lighting in outdoor public places where public health, safety, and welfare are
potential concerns;
2. Protect drivers, bicyclists, and pedestrians from the glare of non-vehicular light sources
that shine into their eyes and thereby impair safe travel;
3. Protect neighbors and the night sky from nuisance glare and stray light from poorly
aimed, placed, applied, maintained, or shielded light sources;
4. Protect and maintain the character of Bozeman.
5. Prevent excessive lighting and conserve energy.
6. Provide adequate lighting for safe pedestrian and bicycle travel.
B. General.
1. With the exception of subdivision lighting, lighting is not required. If installed, all
lighting shall comply with the requirements of this section.
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2. Unless otherwise approved through a Planned Unit Development or a Resource
Protection Subdivision, this ordinance shall apply to all lighting in new subdivisions,land
uses, developments, and buildings. In addition, any site modification that requires a
certificate of appropriateness, site plan review, sign permit, or reuse application will
necessitate compliance for all existing and proposed lighting on the site.
3. The provisions of this section are not intended to prevent the use of any design,
material, or method of installation or operation not specifically prescribed herein,
provided any such alternate has been approved by the Planning Director. The Planning
Director may approved any such proposed alternate provided he/she finds that it:
a. The lighting provides at least approximate equivalence to the applicable specific
requirements of this section; and
b. The lighting is otherwise satisfactory and complies with the intent of this section.
C. Subdivision Lighting. Subdivision lighting, as required in Section 16.14.230.D, shall be
incorporated into all subdivisions by one of the following:
1. The subdivider shall install street and pathway lighting throughout the subdivision in
compliance with this section.
OR
2. The subdivider shall participate in a Street Improvement Lighting District (SILD) for the
provision of street and pathway lighting.
Prior to final plat approval subdivision lighting shall be installed; financially guaranteed; or a
SILD shall be created and the bonds sold. If the subdivision lighting is financially guaranteed,
they shall be considered as part of the required street improvements and building permits shall
not be issued until the improvements are installed,unless otherwise provided for in development
proposals occurring under the provisions of Chapter 16.24 Planned Unit Development (PUD),
and pursuant to the criteria established in Section 16.22.030.B.1 and 2.
All subdivision lighting shall be operated and maintained through the creation of a new SILD,
through the annexation to an existing SILD, or through some other equivalent means approved
by the City of Bozeman.
Individual yard lights on private property shall not be used for subdivision lighting.
D. Subdivision Light Fixture Location and Placement. The following are minimum requirements
for the placement of street lighting fixtures.
1. Street Lights.
a. All intersections of public or private streets and roads within the proposed
subdivision or external to the proposed subdivision;
b. All proposed streets within the proposed subdivision having a curve 300 feet or
longer in length. The fixture shall be placed in the middle of the horizontal
curve or as required by the City Engineer;
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C. At the end of all cul-de-sacs, or within any cul-de-sac bulb radius;
d. All terminal ends of center median islands having trees and/or other fixed
objects not having a breakaway design for speeds of 25 miles per hour or greater.
e. Any signalized intersection abutting the proposed subdivision, or any new traffic
signal installation required of the subdivider.
f. Other locations as deemed necessary by the City Commission.
2. Pathway Lights. All intersections of pathways and streets, located within the proposed
subdivision or along existing streets or roads abutting the development, if said
intersection is located in areas other than lighted intersections. All pathway lights shall
comply with City of Bozeman specifications.
E. Illumination Standards. Illumination, where proposed or required, shall have intensities and
uniformity ratios in accordance with the current recommended practices of the Illuminating
Engineering Society of North America (IESNA), as from time to time amended. Illumination
shall be measured from grade and when the ground is free of snow. The following table reflects
said recommended practices at the time of adoption of this section:
1. Subdivision Lighting.
a. Street Lighting
Street Pedestrian STV Criteria'/ Maintained Footcandles2 UniformityRatio3
Type Conflict Weighting (Minimum Maintained Maximum:Minimum
Potential Average Average Values)
High 4.9 1.5 6.0
Arterial Medium 4.0 1.1 6.0
Low 3.2 0.8 6.0
High 3.8 1.0 6.0
Collector Medium 3.2 0.8 6.0
Low 2.7 0.5 6.0
High 2.7 0.8 10.0
Local Medium 2.2 0.6 10.0
Low 1.6 0A 10.0
Source: Koaduay Lighting(BP-8-00),Illuminating Engineering Society of Norfb American,2000.
'Small Target Visibility.
2IRuniination levels are maintained horizontal footcandles on the task, e.g., pavement or surface area. The
maintained footcandle condition occurs just prior to lamp replacement and luminaire cleaning.
3For a definition of uniformity ratios,please see Section 16.04.890.
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b. Intersection Lighting
Intersection Type Average Maintained Footcandles'Based on Pedestrian Uniformity Ration
Conflict Potential Average:Minimum
High Medium Low
Arterial/Arterial 3.4 2.6 1.8 3.0
Arterial/Collector 2.9 2.2 1.5 3.0
Arterial/Local 2.6 2.0 1.3 3.o
Collector/Collector 2.4 1.8 1.2 4.0
Collector/Local 2.1 1.6 1 1.0 4.0
Local/Local 1.8 1.4 0.8 6.0
Source: Roadway Lighting(BP-8-00),Illuminating Engineering Society of North American,2000.
'Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or surface area. The
maintained footcandle condition occurs just prior to lamp replacement and luminaire cleaning.
2For a definition of uniformity ratios,please see Section 16.04.890.
C. Pathways
Average Horizontal Illuminance at Uniformity Ration
Pathway in Maintained FootcandlesI Average:Minimum
Mixed vehicle and pedestrian 2.0 4.0
Pedestrian only 1.0 4.0
Source: Roadway Lighting(RP-8-00),Illuminating Engineering Society of North American,2000.
'Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or surface area. The
maintained footcandle condition occurs just prior to lamp replacement and luminaire cleaning.
ZFor a definition of uniformity ratios,please see Section 16.04.890.
2. Site Lighting.
a. Parking Lot Lighting
Basic' Security2
Minimum Horizontal Illuminance in Maintained Footcandles3 02 0.5
Minimum Vertical Illuminance in Nbmtained Footcandles3 0.1 0.25
Uniformity Ratio,Maximum:Mmimum4 20:1 15:1
Source Parking Lot Lighting;Illuminating Engineering Society of North American, 1998.
'Basic lighting provides for the safety of customers and employees during business hours,and for the security of on-
site,outside storage of goods and/or materials.
2Security lighting provides for the safety of employees during non-business hours, and for the security of on-site,
outside storage of goods and/or materials.
3Mumination levels are maintained horizontal footcandles on the task, e.g., pavement or surface area. The
maintained footcandle condition occurs just prior to lamp replacement and luminaire cleaning.
317or a definition of uniformity ratios,please see Section 16.04.890.
b. Building Entrances: Illuminance for building entrances (including commercial,
industrial,institutional,and municipal) shall average 5.0 maintained footcandles.
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C. Car Dealership Lighting
Area Maximum Illuminance on Pavement Uniformity Rati02
(in Maintained Footcandles') Maximum to Minimum
Main Business Districts
Adjacent to roadway 10-20 5:1
Other rows 5- 10 10:1
Entrances 5- 10 5:1
Driveways 2-3 10:1
Secondary Business Districts
Adjacent to roadway 5- 10 5:1
Other Rows 2.5- 5 10:1
Entrances 2.5- 5 5:1
Driveways 1- 2 10:1
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998.
1I1umination levels are maintained horizontal footcandles on the task, e.g., pavement or surface area. The
maintained footcandle condition occurs just prior to lamp replacement and luminaire cleaning.
2For a definition of uniformity ratios,please see Section 16.04.890.
d. Service Station or Gas Pump Area Lighting
Area Description Average Illuminance on Described Area
(in Maintained Footcandles')
Approach with dark surroundings 1.5
Driveway with dark surroundings 1.5
Pump island area with dark surroundings 5
Building facades with dark surroundings 2
Service areas with dark surroundings 2
Landscape highlights with dark surroundings 1
Approach with light surroundings 2
Driveway with light surroundings 2
Pump island area with light surroundings 10
Buddingfacades with light surroundings 3
Service areas with light surroundmi s 3
Landscape highlights with light surroundings 2
Source: Lighting for Exterior Environments,Illuminating Engineering Society of North American, 1998.
'Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or surface area. The
maintained footcandle condition occurs just prior to lamp replacement and luminaire cleaning.
F. Sports and Athletic Field Lighting. Lighting for sports and athletic fields may need to exceed
illumination standards for general recreational needs in order to meet higher standards required
for play. The City Commission may approve relaxations of these lighting standards provided
that the following minimum standards are met:
1. Fixtures shall be at least 70 feet in mounted height measured from grade.
2. If floodlights are used, they shall not be aimed above 62 degrees and should use internal
louvers and external shields to help minimize light pollution.
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3. Fixtures shall be designed and aimed so that their beams fall within the primary playing
area and the immediate surroundings, so that off-site direct illumination is significantly
restricted (spillover levels at the property line shall not exceed 0.3 footcandles).
4. Lighting shall be extinguished no later than 1 hour after the event ends.
G. Lighting Specifications. Light fixtures and standards shall be compatible with the surrounding
area,the subdivision or site design, and the development's character and/or architecture.
1. Luminaires (Light Fixtures). Except as otherwise allowed in Sections F and K, all
luminaires shall comply with the following requirements:
a. In all light fixtures, the light source and associated lenses shall not protrude
below the edge of the light fixture, and shall not be visible from adjacent streets
or properties.
b. Fixtures shall be of a type and design appropriate to the lighting application.
C. For lighting horizontal areas such as roadways, sidewalks, entrances, and parking
areas, fixtures shall meet IESNA "full-cutoff" criteria (no light output emitted
above 90 degrees at any lateral angle around the fixture).
d. As needed, fixtures shall be equipped with or be modified to incorporate light
directing and/or shielding devices such as shields, visors, skirts, internal louvers,
or hoods to redirect offending light distribution and/or reduce direct or indirect
glare.
e. The installation, sale, offering for sale, lease or purchase of any mercury vapor
light fixture or lamp for use as outdoor lighting is prohibited, except that until
the fifth anniversary date of the effective day of this ordinance, this provision
shall not apply to any replacement bulb.
2. Light Standards. Except as otherwise allowed in Sections F and K, all light standards
shall comply with the following requirements:
a. Standard Design. The ballasts; pole type, strength, and anchor bolts; and pole
foundation shall be appropriate for the proposed lighting and shall be installed
per the manufacturers'recommendations.
b. Standard Height. Standard height shall be measured from grade. Light standards
for parking lot lighting shall not exceed 20 feet or the height of the tallest
building on the lot, whichever is lower. Subdivision street lighting standards
shall not exceed 30 feet in height on arterial and collector streets, or at
intersections with arterial and collector streets. Subdivision street lighting
standards shall not exceed 24 feet on local streets.
H Control of Nuisance and Disabling Glare. Except as otherwise allowed in Sections G and L, all
lighting shall complywith the following requirements:
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1. All outdoor lighting, whether or not required by this ordinance, shall be aimed, located,
designed,fitted, and maintained so as not to present a hazard to drivers or pedestrians by
impairing their ability to safely traverse and so as not to create a nuisance by projecting
or reflecting objectionable light onto a neighboring use or property.
2. All outdoor lighting fixtures shall be shielded in such a manner that no light is emitted
above a horizontal plane passing through the lowest point of the light emitting element,
so that direct light emitted above the horizontal plane is eliminated.
3. Except for residential lights and subdivision lighting, all lighting (except for security
lighting) shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be
granted to those businesses which operate during these hours; such lighting may remain
illuminated only while the establishment is actually open for business.
4. Vegetation screens shall not be employed to serve as the primary means for controlling
glare. Rather, glare control shall be achieved primarily through the use of such means as
cutoff fixtures, shields and baffles, and appropriate application of fixture mounting
height,wattage, aiming angle, and fixture placement.
5. All outdoor lighting shall be designed and located such that the maximum illumination
measured in footcandles at the property line shall not exceed 0.3 onto adjacent
residential properties and 1.0 onto adjacent commercial properties and public rights-of-
way.
6. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted
at the top of the sign and aimed downward; ground-mounted sign lighting may only be
used for monument style signs.
7. Directional fixtures for such applications as signs, flagpoles (State, United States, and/or
flags of foreign nations), fountains, or landscape illumination shall be aimed so as not to
project their output beyond the object(s) intended to be illuminated.
8. Floodlights, spotlights, or any other similar lighting shall not be used to illuminate
buildings or other site features unless approved as an integral architectural element on
the development plan. On-site lighting may be used to accent architectural elements but
not to illuminate entire portions of buildings. Where accent lighting is used, the
maximum illumination on any vertical surface or angular roof surface shall not exceed
5.0 average maintained footcandles. Building fagade and accent lighting shall not be
approved unless the light fixtures are carefully selected, located, aimed, and shielded so
that light is directed only onto the building fagade and spillover light is eliminated.
9. Lights that flash,move, revolve, rotate,scintillate, blink,flicker,vary in intensity or color,
or use intermittent electrical pulsation are prohibited.
10. Translucent awnings and canopies used for building accents over doors, windows, etc.
shall not be internally lit (i.e.,from underneath or behind).
11. Search lights,laser source lights, or any similar high-intensity light shall not be permitted,
except in emergencies by police and fire personnel or at their direction, for
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meteorological data gathering purposes, or for special events if a permit is obtained from
the Planning Director.
I. Lighting Installation and Maintenance.
1. For new installations, electrical feeds for fixtures mounted on poles shall be run
underground, not overhead.
2. Poles supporting lighting fixtures for the illumination of parking areas and located
directly behind parking spaces, shall be placed a minimum of 5 feet outside the paved
area, or on concrete pedestals at least 30 inches high above the pavement, or suitably
protected by other approved means.
3. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the
requirements of this ordinance.
J. Plan Submission.
1. For subdivision and land-development applications where site lighting is required or
proposed, lighting plans shall be submitted to the City of Bozeman for review and
approval, and shall include:
a. A site plan, complete with all structures, parking spaces, building entrances,
traffic areas (both vehicular and pedestrian), vegetation that might interfere with
lighting, and adjacent uses, containing a layout of all proposed fixtures by
location and type.
b. Isofootcandle plots for individual fixture installations, and 10 foot by 10 foot
illuminance-grid plots for multi-fixture installations, which demonstrate
compliance with the intensity and uniformity requirements as set forth in this
ordinance.
C. Description of the proposed equipment, including fixture manufacturer's
cutsheets, photometrics, glare reduction devices, lamps, on/off control devices,
mounting heights,pole foundation details,and mounting methods.
d. The lighting plan shall be prepared, and certified for compliance with the City s
design requirements and illumination standards, by a qualified lighting
professional. Qualified lighting professionals include Electrical Engineers,
Architects, Lighting Designers, and Manufacturers Representatives.
i. Lighting calculations shall include only the illuminated areas; areas
occupied by buildings or other non-lighted areas shall be excluded from
calculations.
2. When requested by the City of Bozeman, the applicant shall also submit a visual-impact
plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site
glare and to retain the City's character.
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3. Post-approval alterations to lighting plans or intended substitutions for approved lighting
shall only be made after City of Bozeman review and approval.
K. I-Estoric Lighting. The City Commission may relax lighting standards and requirements,with the
exception of illumination levels, for the provision of historic lighting in the Neighborhood
Conservation Overlay District. Hstoric lights shall be proposed as part of an overall
development plan. The City's Historic Preservation Planner shall review and approve the
proposed lighting for historic appropriateness.
L. Post Installation Inspection. The City of Bozeman reserves the right to conduct post-
installation nighttime inspections to verify compliance with the requirements of this ordinance,
and if appropriate,to require remedial action at no expense to the City.
M. Compliance Monitoring. If the City of Bozeman finds that a lighting installation creates a safety
or personal security hazard, the person(s) responsible for the lighting shall be notified in writing
and required to take remedial action within 30 days.
N. Nuisance Glare and Inadequate Illumination Levels. When the City of Bozeman finds that a
lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or
insufficient illumination levels, or otherwise varies from this ordinance, the City may notify the
person(s) responsible for the lighting and require appropriate remedial action within 30 days.
O. Nonconforming Lighting. With the exception of subdivision lighting, security lighting fixtures
or a security lighting installation in use on the date of this ordinance that does not conform to
this ordinance and that is not otherwise required to be brought into compliance pursuant to this
ordinance, shall be required to be in compliance 5 years after the date of enactment of this
ordinance. Any other lighting fixture or lighting installation existing on the effective date of this
ordinance that does not conform to the requirements of this ordinance shall be considered as a
legal conformance.
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CHAPTER 16.16
DESIGN AND IMPROVEMENT STANDARDS, STREETS
16.16.010 GENERAL.
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.
A. Relation to Un-Subdivided Areas. When a proposed subdivision adjoins un-subdivided land,
and access to the unsubdivided land would reasonably pass through the new subdivision, streets
within the proposed subdivision shall be arranged to allow the suitable development of the
adjoining unsubdivided land. Streets within the proposed subdivision 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 City Commission.
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. Separation of Through 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 Rights-Of-Way. 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 City 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 turnarounds shall
be signed"no parking".
"T" turnarounds, in lieu of a temporary cul-de-sac, must be specifically approved by the City
Engineer. "T" turnarounds shall include 2 straight backup lengths of 45 feet each to
accommodate City fire trucks. All other design requirements shall be established by the City
Engineer.
F. Local Streets. Local streets shall be laid out so their use bythrough 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 and County Road Office.
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H. Second or Emergency Access. To facilitate traffic, the provision of emergency services, and the
placement of utility easements, the subdivider shall provide all subdivisions with 6 or more lots
with a second means of access. If, in the judgment of the City Commission, 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 Design Standards, General. The design standards contained in these regulations
shall apply to all construction, reconstruction, and paving of streets dedicated to the public or
within the City maintained street system, and to streets improved through either the special
improvement district process. The variance procedure and standards of these regulations shall
apply to these streets.
J. Bridges and Culverts. Bottomless culverts or bridges shall be provided and installed by the
subdivider where drainage channels intersect any street right-of-way.
1. Bridges. Bridges shall be built to Montana Department of Transportation H 20 load
standards, and shall be reviewed and approved by the County Road Office and the City
Engineering Department.
2. Culverts or bridges shall be provided and installed by the subdivider where drainage
channels intersect any street right-of-way. All culverts shall, at a minimum, extend across
the entire improved width of the 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 City Engineering Department.
a. 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 15 inches.
K. Encroachment Permits. The subdivider shall be required to obtain encroachment permits for all
access to state highways.
16.16.020 STREET AND ROAD DEDICATION.
All streets 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 street easement. Private streets may only be allowed in
manufactured home communities, condominium developments, recreational vehicle parks and planned
unit developments. Private streets may be required to have a public access easement if deemed
necessary by the City.
A. Public street easements shall:
1. Be approved bythe CityAttorney's Office;
2. Be recorded in the Office of the Gallatin County Clerk and Recorder, and
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3. Clearly grant to the public an unrestricted right of ingress and egress from a public street
to the property to be subdivided.
B. Documented proof of maintenance of the street within the easement must be provided.
16.16.030 INTERSECTIONS.
The following requirements apply to street 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
centerlines shall be off-set at least 125 feet.
D. Any street which intersects a paved minor collector or greater street shall be paved for at least 75
feet from the existing edge of pavement.
16.16.040 NAMES.
The following requirements apply to street names:
A. New streets aligned with existing streets shall have the same name as the existing streets.
B. All street names must be approved by the Gallatin County Road Office and City Engineering
Department prior to preliminary plat and final plat approval in order to avoid duplication and
confusion with names of existing streets and roads.
16.16.050 STREET AND ROAD STANDARDS.
All off-site streets and roads providing 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.
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.
B. Lot Access Standards. 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.
16.16.070 ACCESS SEPARATION.
For the purposes of this section public or private access means any street, alley, driveway, or other point
of vehicular access to a publicly controlled street, except when accessing lots for single-family, duplex or
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triplex structures on with access on local streets. The distance between public and/or private accesses
on a public street shall be measured between the right of way lines for public accesses and the nearest
inside edges of private accesses, along the right-of-way line, according to the following specified
distances. Consolidation of access points onto public streets to achieve a distance between access points
in excess of the minimum standards in this section is desired and shall be considered during subdivision
review.
Access Located on Access Located on Access Located on
Arterial Streets Collector Streets Local Streets
Average Spacing In All Districts In All Districts In All Districts
Partial Access' 315' 150, 4053
Full Access2 660' 330' 40i3
Minimum Separation 315' 150' 40i3
'Partial access includes right turn in and out only.
'Full access allows all turn movements, in and out.
'Accesses on local street shall be at least 150 feet from an intersection with an arterial.
Private Access
a 1 Right-of-
way line
v u
Distance=Y
a a
Public Street Distance=x
Right-of-way line
X= the relevant distance required by Sections 16.16.070
16.16.080 PAVING REQUIREMENTS.
All streets within and providing access to the subdivision shall be improved to the standards in these
regulations, unless a variance is granted, or unless they are within a Planned Unit Development or a
Resource Protection Subdivision and these requirements have been modified through that process. The
City street section shall include standard curb and gutter, paving, street lighting, and an adequate storm
water system.
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A. Timing Requirements.
1. All streets improvements shall be installed prior to the issuance of a building permit for
any lot within the subdivision unless otherwise provided for in development proposals
occurring tinder the provisions of Chapter 16.24 Planned Unit Development (PUD), and
pursuant to the criteria established in Section 16.22.030.B.1 and 2.
2. The subdivider shall meet one of the following requirements for completion of street
improvements. The option SHALL be specified in the preliminary plat submittal.
a. The subdivision streets improvements shall be installed prior to final plat
approval; or
b. The subdivider shall enter into an Improvements Agreement guaranteeing the
completion of the paving, curb, gutter, storm drainage, street lighting, 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 street improvements are
completed and accepted by the City of Bozeman unless otherwise provided for
in development proposals occurring under the provisions of Chapter 16.24
Planned Unit Development, and pursuant to the criteria established in Section
16.22.030.B; or
C. 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 street improvements are completed and accepted by the City of
Bozeman unless otherwise provided for in development proposals occurring
under the provisions of Chapter 16.24 Planned Unit Development, and pursuant
to the criteria established in Section 16.22.030.B.1 and 2.
16.16.090 IMPROVEMENT STANDARDS.
All street 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 and required for the type of street to be constructed.
Plans and specifications for all public or private streets (including curb, gutter, storm drainage, 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.
A_ Surfacing. The pavement thickness design will be based on the current AASHTO (ArrErican
Association cf State Hidm ay and Transportation Officials) Guide far Design of Pawnrnt Structures, or the
current Asphalt Institute Manual Series Na 1 (MS-1) for thickness design. A Pavement Design
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Report, prepared by a Professional Engineer, or other qualified professional approved by the
City Engineer, shall be submitted 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-pound 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 3 inches. A minimum
of 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.
B. Alleys. In subdivisions where alleys are proposed, a 20-foot wide right-of-way shall be provided.
The driving surface of the alley shall be 16 feet wide and shall be improved with gravel according
to City of Bozeman specifications, and subject to approval bythe City Engineer.
1. Subdividers may elect to pave subdivision alleys. The improvements shall comply with
City specifications,and adequate stormwater facilities shall be provided.
TABLE 1
MINIMUM STREET DESIGN STANDARDS FOR CITY STREETS
STREET MAJOR MINOR COLLECTOR LOCAL RURAL
TYPE ARTERIAL ARTERIAL
Right-of-way 110'- 120" 100, 90, 60' 90,—
width 110"
Centerline 1 I 300' 150'
radius on curves
Tangent length 1 1 100, 50'
between reverse
curves
Stopping sight I ' 300' 200'
distance
Angle at ' 1 >750 >750
intersection
centerline
Curb radius at z ' 2 2
intersections
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STREET MAJOR MINOR COLLECTOR LOCAL RURAL
TYPE ARTERIAL ARTERIAL
Length of ' ' 150' 100,
tangent at
intersection
Back of curb to 82' 50', 63', 71i3 45', 48', 52',62i3 31',33', 35i3 33',39',
back of curb 62'3,4
Length of cul- N/A N/A N/A 500'
de-sacs
Outside radius s s N/A 50'
on cul-de-sac
right-of-way/
Grade — ' 7% 10%
maximum
Grade-- ' ' 0.5% 0.5%
minimum
Grade within ' ' 3% 3%
150 feet of
intersecting
centerlines
'.All design aitefia shall meet, ASHTO standards.
'See Table 2.
17he specific right of=y and lark cf cztrb to back of cwb strut width zO be determned on a case by case basis through the
sub&zision wtieroprocess, and will be based on the spm*nerds, inpacts and context of the decelopm v proposal
'The rural strn?t standard" not include curb and gutter. The sheet zei&h is nvasured from the edge cf pawnrrrt to the alge
cf pammyff
'Cul-desaa are gmrally not allowed The City E nginxr may consider and appww the installation of a ad--de-sac only when
necessary due to topograph,A the presence of critical lands, access cmvd, adjacency to parks or open space or simlar site
constraints.
TABLE 2
CURB RETURN RADIUS AT INTERSECTIONS'
Local Collector Minor Arterial Major Arterial
Local or private street 15' 15' 15' 15'
Collector 15' 25' 25' 25'
Minor 15' 25' 2 2
Major arterial 15' 25' 2 2
'Mwwrd from&adz of curb.
2PerAA SHTO standards.
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16.16.100 TRANSIT FACILITIES.
All interior and exterior subdivision streets that are designated as transit routes shall be designed to
accommodate transit vehicles and facilities. Transit considerations for street design include, but are not
limited to:
A. Pavement design;
B. Lane width;
C. Comer radii;
D. Street grade;
E. Curb height; and
F. Right-of-way width.
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CHAPTER 16.18
RESOURCE PROTECTION SUBDIVISIONS
16.18.010 INTENT.
The intent of this chapter is to protect and restore environmentally sensitive areas, to limit the
development of land with environmental constraints, and to preserve significant archaeological and
historical sites. By using a concept which clusters development, subdivisions may be planned so as to
discourage the development of areas encumbered by topographic or natural constraints; to provide
economies in the supply of public services; and to enhance and preserve unique natural, archaeological
or historic features.
16.18.020 AUTHORITY.
This chapter is adopted pursuant to the authority contained in 76-3-509 M.C.A.
16.18.030 APPLICABILITY.
Except as otherwise allowed in this chapter, all subdivisions proposed under this chapter shall comply
with all the requirements of these regulations and the Montana Subdivision and Platting Act. All
subdivisions proposed under this chapter are exempt from the primary review criteria listed in Section
16.10.050.J.1 of these regulations.
16.18.040 RESOURCE PROTECTION SUBDIVISION SUBMITTAL REQUIREMENTS.
In addition to the preliminary plat application submittal requirements listed in Chapter 16.08,
subdividers shall submit the following:
A. Development Yield Analysis. A table showing the maximum number of dwelling units that
would be permitted based on the allowable net densities listed below, and consistent with the
minimum lot size, lot widths, setbacks, and other provisions of the Bozeman Zoning Ordinance.
Land that is undevelopable because of other laws and ordinances that prohibit development in
certain areas (e.g. floodplains, wetlands, steep slopes, and drainage ways) shall be excluded from
the development yield analysis.
1. R S (Residential Suburban District) — 1 dwelling unit per acre
2. R 1 (Residential Single-Household,Low Density District) — 4 dwelling units per acre
3. R 2 (Residential Single-Household,Medium Density District) — 6 dwelling units per acre
4. R 2-A (Residential Single-Household, Medium Density District) — 7 dwelling units per
acre
5. R 3-A (Residential Two-Household, Medium Density District) — 10 dwelling units per
acre
6. R 3 (Residential Medium Density District) — 12 dwelling units per acre
7. R 4 (Residential High Density District)/R O (Residential Office District) — 15 dwelling
units per acre
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Five percent of the units that could have been built on the undevelopable land had it not been
undevelopable, may be transferred to the developable areas as a density bonus provided that the
transferred densityis used to develop affordable housing units as defined in Section 16.18.050.C.
of the Bozeman Zoning Ordinance.
B. Site Analysis and Concept Plan. Using the development yield analysis provided in Section
16.18.040.A, and applying the design standards contained in Section 16.18.060 of this chapter,
the subdivider shall submit a concept plan including at least the following information at a scale
of not less than one inch =50 feet:
1. Open space areas indicating which areas are to remain undeveloped, improved as
parkland and trail location(s).
2. Boundaries of areas to be developed and proposed general street and lot layout for all
phases.
3. Number and type of housing units (i.e., single-family, multifamily) proposed, as well as
any accessory commercial uses proposed.
4. Inventory of preserved and disturbed natural, archaeological or historical features.
5. Preliminary development envelopes showing areas for lawns, pavement, stormwater
facilities, buildings and grading.
16.18.050 DENSITY BONUSES.
The base development yield may be increased if the development complies with one or more of the
following standards. Each standard provides a development yield bonus of 5 percent in addition to the
base development yield. The maximum bonus permitted is 20 percent.
A. Creating an endowment where the principal would generate sufficient annual interest to cover
the conservation easement holder's yearly costs (taxes, insurance, maintenance, enforcement,
etc.).
B. Providing access by the general public to trails,parks, or other recreational facilities.
C. Providing affordable housing, to include a minimum of 10 percent of all units that would be
affordable to moderate-income households, as defined by the City of Bozeman's Affordable
Housing Policy. This shall include a mix of units available for rent and for purchase.
D. Reusing historical buildings and structures, and providing for their long-term revitalization and
maintenance. The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic
Properties shall apply.
16.18.060 CONSERVATION SUBDIVISION DESIGN STANDARDS.
A. General.
1. Allowable Uses. The allowable principal, conditional, and accessory uses for the
underlying zoning designation shall apply.
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Resource protection subdivisions with residential zoning designations may incorporate
commercial development limited to professional offices and other permitted uses listed
in the B-1 "Neighborhood Service District" in the Bozeman Zoning Ordinance within
the applicable parameters set forth in Section 18.54.100.E. and after following the
procedures of Chapter 18.54 of the Zoning Ordinance.
2. Lot Area. The lot area shall be determined by the allowable density and the amount of
developable land.
3. Lot Width, Yards, Lot Coverage, and Building Height. The requirements of the
underlying zoning designation shall apply.
4. Most lots shall take access from interior local streets. Existing farmsteads to be
preserved will have a driveway that does not access a local street as part of the historic
landscape, and that driveway should be preserved when such preservation does not
endanger public health and safety.
5. Lots shall be configured to minimize the amount of road length required for the
subdivision.
6. Development envelopes shall be configured to minimize loss of natural open space and
critical lands.
7. All residential lots shall be oriented around, or within 660 feet of, one or more of the
following:
a. A central green or square
b. A physical amenity such as a meadow, a stand of trees or some other natural or
restored feature
8. Development envelopes should not be located on ridges, hilltops or in other visually
prominent areas.
9. Stormwater best management practices are encouraged, including:
a. Roof down spouts should drain to porous surfaces.
b. In residential area, peak discharges during a 5-year storm event shall be not more
than predevelopment conditions. In commercial areas, peak discharges during a
10-year storm event shall be not more than predevelopment conditions.
C. Landscape plantings should be used to increase infiltration and decrease runoff.
d. Natural open drainage systems shall be preserved.
e. Development of artificial wetlands for cleansing of stormwater before
discharging to any surface waters.
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B. Residential Cluster Siting Standards.
1. All residential lots and dwellings shall be grouped into clusters. Each cluster shall
contain no more than 20 dwelling units and no less than 5 units.
2. Residential clusters shall be located to minimize negative impacts on the natural,
archaeological and historical resources of the site.
3. Whenever possible, open space shall connect with existing or potential open space lands
or parks on adjoining parcels and local or regional recreational trails.
C. Open Space Design Standards.
1. Common Open Space. The minimum open space required shall be owned and
maintained under one of the alternatives listed in Section 16.18.070. The uses within the
open space shall be accessible to the residents of the development. These uses may also
be available to the general public if the proper public access easements are provided.
The required open space shall be undivided and restricted in perpetuity from future
development.
2. Open space shall be designated as part of the development. The minimum required
open space is 60 percent of the gross acreage.
3. The areas to be preserved shall be identified on a case-by-case basis in order to best
conserve and restore the most important natural, archaeological and historical features of
each particular site.
4. The following areas or structures may be located within the open space area and shall be
counted toward the overall open space percentage required:
a. Parking areas for access to and use of the open space developed at a scale limited
to the potential users of the open space.
b. Privately-held buildings or structures provided they are accessory to the use of
the open space.
5. No more than 50 percent of the required open space may consist of waterbodies,ponds,
floodplain, or wetlands.
6. Any portion of the open space designed to provide critical plant or animal habitat shall
be kept as intact as possible. Trails shall be designed to avoid fragmenting these areas.
7. Accessible open space in upland areas can be made available to recreational uses such as
trails, play fields, or community gardens but should be designed in a manner that avoids
adversely impacting critical natural, archaeological or historical features.
8. A pathway system connecting open space areas accessible to neighborhood residents,
and connecting these areas to neighborhood streets and to planned or developed trails
on adjacent parcels shall be identified in the plan.
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9. Areas protected in perpetuity as common open space may be counted as the
subdivision's parkland as required by Section 76-3-621,MCA,
10. If native vegetation is present in the open space areas, it shall be maintained to the
greatest extent possible. If any existing open space vegetation will be replaced or
enhanced, the subdivider must provide a landscaping plan with the preliminary plat
application. The plan shall be prepared by a qualified landscaping professional, and shall
be reviewed and approved the City of Bozeman.
D. Street and Pathway Design Standards. Due to the unique conditions of each resource protection
subdivision, street right-of-way and roadway design shall be determined on a case-by-case basis
through the development review process. The design of trails and other pathways shall be
consistent with the standards contained in Section 16.14.120 of these regulations.
Subdivision streets shall be dedicated to the public, be private streets to be owned and
maintained by the property owners' association, or, if the criteria of Chapter 18.16 are met, be a
public street easement. Private streets may be required to have a public access easement if
deemed necessary by the City.
E. Neighborhood Commercial Uses. Neighborhood commercial uses can be established in
resource protection subdivisions provided that the use is in compliance with the City's growth
policy and Chapter 18.54, especially Section 18.54.100.E, of the Bozeman Zoning Ordinance.
Neighborhood commercial uses shall be established at the edges of resource protection
subdivisions, and shall be sited as close as possible to residential clusters within the resource
protection subdivision and residential uses on adjacent parcels.
16.18.070 OWNERSHIP AND MAINTENANCE OF OPEN SPACE AND COMMON
FACILITIES.
A. Alternatives. The designated common open space and common facilities may be owned and
managed by one or a combination of the following:
1. A property owners'association
2. A condominium association
3. A nonprofit conservation organization
4. The City of Bozeman, or another governmental body empowered to hold an interest in
real property
5. An individual who will use the land for open space purposes as provided by a
conservation easement
B. Property Owners' Association. A property owners' association shall be established if the
common open space is proposed to be owned by a property owners' association. Membership
in the association is mandatory for all purchasers of residential or commercial lots in the
development and their successors.
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The property owners' association bylaws, guaranteeing continuing maintenance of the open
space and other common facilities, and the declaration of covenants, conditions and restrictions
of the property owners' association shall be submitted for approval to the City as part of the
preliminary plat submittal. The property owners' association bylaws or the declaration of
covenants, conditions and restrictions of the property owners' association shall contain the
following information:
1. The legal description of the common land.
2. A description of common facilities.
3. The restrictions placed upon the use and enjoyment of the lands or facilities.
4. Persons or entities entitled to enforce the restrictions,including the City of Bozeman.
5. The governing board of any such association shall consist of at least five members who
shall be owners of property in the resource protection subdivision.
6. A mechanism to assess and enforce the common expenses for the land or facilities
including upkeep and maintenance expenses,real estate taxes and insurance premiums.
7. A mechanism for resolving disputes among the owners or association members.
8. The conditions and timing of the transfer of ownership and control of land facilities to
the association.
9. Any other matter deemed appropriate.
C. Condominium Associations. If the common open space and facilities are to be held under the
Montana Condominium Unit Ownership Act (Title 70, Chapter 23, M.C.A.), the condominium
instruments shall identify the restrictions placed upon the use and enjoyment of the common
open space. All common open space shall be held as a"common element" as defined in Section
70-23-102,M.C.A.
D. Nonprofit Conservation Organization. If the common open space is to be held by a nonprofit
conservation organization, the organization must be acceptable to the City of Bozeman. The
conveyance to the nonprofit conservation organization must contain appropriate provisions for
reversion in the event that the organization becomes unwilling or unable to uphold the terms of
the conveyance.
E. Public Dedication of Open Space. The City of Bozeman may accept the dedication of fee title
or dedication of a conservation easement to the common open space. The City may accept the
common open space provided:
1. The common open space is accessible to the residents of the City.
2. The City agrees to and has access to maintain the common open space.
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F. Individual Ownership. An individual may hold fee title to the land while a nonprofit or other
qualified organization holds a conservation easement for the common open space.
G. Maintenance Plan. Every resource protection subdivision shall include a plan that provides
evidence of a means to properly manage the common open space in perpetuity and evidence of
the long-term means to properly manage and maintain all common facilities, including any
stormwater facility and/or streets. A draft plan shall be submitted with the preliminary plat
application, and shall be reviewed and approved by the City through the preliminary plat
approval process. An approved copy of the maintenance plan shall be filed with the final plat.
The maintenance plan shall do the following:
1. Designate the ownership of the open space and common facilities in accordance with
Section 16.18.070.A.
2. Establish necessary regular and periodic operation and maintenance responsibilities.
2. Estimate staffing needs, insurance requirements, and other associated costs and define
the means for funding the same on an on-going basis.
3. Include a land stewardship plan specifically focusing on the long-term management of
common open space lands. The land stewardship plan shall describe:
a. Existing conditions including all natural, archaeological and historic elements in
the landscape.
b. The proposed end state for each common open space area, and the measures
proposed for achieving the end state.
C. Proposed restoration measures, including measures for correcting increasingly
destructive conditions, such as erosion, and measures for restoring historic
features.
d. The operations needed for maintaining the stability of resources including:
mowing schedules; weed control;planting schedules; clearing and clean-up; at the
City's discretion, the applicant may be required to place into escrow sufficient
funds for the maintenance and operation costs of common facilities for a
maximum of three years.
Management plans can be amended by the owner, as identified under Section 16.18.070.A. of
these regulations,with the approval of the City of Bozeman.
16.18.080 COMMON AREA MAINTENANCE GUARANTEE.
A. In the event the organization or any successor organization established to own and maintain
common open spaces, recreational areas, communally owned facilities and private streets,shall at
anytime fail to maintain the common facilities in reasonable order and condition in accordance
with the approved plan, the City Commission may cause written notice to be served upon such
organization or upon the owners of property in the development setting forth the manner in
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which the common facilities have failed to be maintained in reasonable condition, which notice
shall include the demand that the deficiencies noted be cured within 30 days thereafter and shall
state the date and place of a hearing to be held within 14 days of the notice. At the time of
hearing, the City Commission may modify the terms of the original notice as to deficiencies and
may extend the time within which the same may be cured. If the deficiencies set forth in the
original notice or modifications are not cured within the time set,the City Commission, in order
to preserve the taxable values of properties within the development and to prevent the common
facilities from becoming a public nuisance, may enter upon such common facilities and maintain
the same for a period of 1 year.Such entry and maintenance shall not vest in the public any right
to use the common facilities not dedicated to public use. Before expiration of such year, the
commission shall,upon its own initiative or upon written request of the organization theretofore
responsible for maintenance, call a public hearing and give notice of such hearing to the
organization responsible for maintenance or the property owners of the resource protection
subdivision. At such hearing, the organization responsible for maintenance and/or the residents
of the development may show cause why maintenance by the City should not be continued for a
succeeding year. If the City Commission determines that it is not necessary for the City to
continue such maintenance, the City shall cease such maintenance at the time established by the
City Commission. Otherwise the City shall continue maintenance for the next succeeding year
subject to a similar hearing and determination at the end of each year thereafter.
B. The cost of maintenance by the City shall be alien against the common facilities of the resource
protection subdivision and the private properties within the development. The City Commission
shall have the right to make assessments against properties in the development on the same basis
that the organization responsible for maintenance of the facilities could make such assessments.
Any unpaid assessment shall be alien against the property responsible for the same, enforceable
the same as a mortgage against such property. The City may further foreclose its Lien on the
common facility by certifying the same to the county treasurer for collection as in the case of
collection of general property taxes.
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CHAPTER 16.20
FLOOD HAZARD EVALUATION
16.20.010 GENERAL.
Land subject to being flooded by a flood of 100-year frequency as defined by Title 76, Chapter 5,
M.C.A., or land deemed to be subject to flooding by the City of Bozeman, 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 floodway regulations.
16.20.020 PROCEDURE.
If any portion of a proposed subdivision is within 2,000 horizontal feet and less than 20 vertical feet of a
watercourse draining an area of 25 square miles or more, and no official floodplain or floodway
delineation study of the watercourse has been made, the subdivider shall provide a floodplain analysis
report establishing the calculated 100-year frequency water surface elevations and 100-year floodplain
boundaries. The analysis and report shall be prepared by a licensed professional engineer qualified in this
field of work.
A. Submission of Report. The report shall be submitted at the time of preliminary plat application.
The report may be submitted, upon the request of the City Commission, to the Floodplain
Management Section, Water Resources Division, Department of Natural Resources and
Conservation,for review and concurrence.
B. Contents of Report. The required report shall include the following information:
1. Certification. Certification of the report by a registered professional engineer.
2. Overall Plan View. An overall scaled plan view (project map) with identified scale for
vertical and horizontal distance showing the following:
a. Watercourse.
b. Floodplain boundaries.
C. Location of property.
d. Contours.
C. Cross sections.
f. Bridges or other constrictions in the floodplain.
g. LJSGS gauging stations (if any).
3. Benchmark(s). The location and elevation of a temporary benchmark(s) established
within the subdivision and referenced to mean sea level with appropriate elevation
adjustment.
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4. Cross Sectional Information.
a. Cross section elevations and stations should be determined at points representing
significant breaks in ground slope and at changes in the hydraulic characteristics
of the floodplain (e.g., points where ground cover, soil or rock conditions
change). Elevations must be reported in NAVD88 or DGVD29 datum.
b. Each cross section shall cross the entire floodplain. The cross section alignment
should be perpendicular to the general flow of the watercourse, the slope of the
channel and the hydraulic characteristics of the reach. A minimum of 4 cross
sections are required over the entire reach with at least 2 cross sections at the
property where the elevations are desired. Additional cross sections must be
taken at bridges,control structures or natural constrictions in topography.
"NOTE: Photogrammetric methods may be used in lieu of cross sections whenever
appropriate and when reviewed and approved by the City Engineer.
5. Bridges. Descriptions and sketches of all bridges within the reach, showing
unobstructed waterway openings and elevations.
6. Water Surface. Elevations of the water surface determined by survey as part of each
valley cross section.
7. Supporting Documentation. Engineering report of computer computations, calculations
and assumptions that may include:
a. Hydrology (research of published hydrology or calculations showing how
hydrology was derived).
b. Input files (hard copy and on diskette or®-ROM).
C. Output files (diskettes or®-ROM only).
16.20.030 WAIVER OF REQUIREMENT.
The City Commission 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
data indicate that the proposed subdivision is not in the flood hazard area as defined in this chapter.
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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 Specifications. Engineering and survey plans, specifications and reports required in
connection with public improvements and other elements of the subdivision required by the
City of Bozeman shall be prepared by a registered engineer and/or a registered land surveyor,
licensed in the State of Montana, as their respective licensing laws allow. The plans and
specifications shall be prepared in compliance with the City of Bozeman's Design Standards and
Specifications Policy.
C. Scope of Work. The intent of these 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 temis set forth under these regulations.
The subdivider shall furnish the plans, specifications and typical sections for approval by the
City Engineer. It shall be understood that the work to be done will not necessarily be limited to
occurring within the right-of-way boundaries.
The City Engineer 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 subdividers 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 for any changes in
approved plans and specifications.
E. Protection of Existing Improvements. 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, streets, water, sewer, and drainage
systems. The City Engineer 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 City of Bozeman may require the
subdivider to post a surety to guarantee repair of damages.
16.22.020 IMPROVEMENT PROCEDURES.
A. Improvement 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
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improvements or enter into an agreement with the City of Bozeman financially guaranteeing the
installation and performance of the improvements.
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.
The procedure for submittal, review and approval of improvement plans and specifications is
contained in the City of Bozeman's Design Standards and Specifications Policy, and shall be
followed by the subdivider and/or his contractors.
16.22.030 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 prior to the approval of the final plat, or in
accordance with the terms of an executed Improvements Agreement.
B. Completion Time. Construction of all subdivision improvements, as approved by the City
Engineer, shall be completed prior to construction of any buildings on new lots within the
subdivision. This requirement may be modified by the City 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.
1. Exception. When municipal water distribution and municipal sanitary sewer collection
systems and City streets are being provided to serve a development proposal occurring
under the provisions of Chapter 16.24 Planned Unit Development (PUD), the issuance
of a building permit may be allowed prior to completion of the public infrastructure,
provided that the following criteria are met:
a. The subject property shall be developed under the provisions of Chapter 16.24
Planned Unit Development;
b. The subdivider must enter into an Improvements Agreement, to be secured by a
financial guarantee in an amount to be determined by the City, with said
guarantee to be in the name of the City;
C. Approval of the final engineering design, including location and grade, for the
infrastructure project must be obtained from the City Engineering Department,
and the Montana Department of Environmental Quality when applicable, prior
to issuance of any building permit for the development;
d. Building permits may be issued incrementally, dependent upon the status of
installation of the infrastructure improvements. All building construction within
the PUD shall cease until required phases of infrastructure improvements as
described in the PUD have been completed, and inspected and accepted by the
City;
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e. The subdivider shall provide and maintain fire hazard and liability insurance
which shall name the City as an additional insured and such issuance shall not be
cancelled without at least 45 days prior notice to the City. The subdivider shall
furnish evidence, satisfactory to the City, of all such policies and the effective
dates thereof;
f. The subdivider recognizes, acknowledges, and assumes the increased risk of loss
because certain public services do not exist at the site;
g. The subdivider shall enter into an Agreement with the City which provides for
predetermined infrastructure funding options;
h. No occupancy of any structures or commencement of any use constructed or
proposed within the boundaries of the PUD will be allowed until required
infrastructure improvements have been completed, and inspected and accepted
by the City,and a Certificate of Occupancy has been issued;
i. The subdivider shall enter into an agreement with the City to address the
provision of any services on an interim basis during construction, if deemed
appropriate;
j. The subdivider shall execute a Hold Harmless and Indemnification Agreement
indemnifying, defending and holding harmless the City, its employees, agents and
assigns from and against any and all liabilities, loss, claims, causes of action,
judgments and damages resulting from or arising out of the issuance of a
building permit under this section; and
k. The subdivider shall pay for any extraordinary costs associated with the project
which the City may identify, including, but not limited to, additional staff hours
to oversee the planning, engineering and construction of the project and
infrastructure improvements, inspection of the infrastructure improvements and
any extraordinary administrative costs.
2. Notwithstanding the provisions of Section 1 above, the City may limit the scope, type,
and number of projects eligible for simultaneous construction consideration.
C. Sanitary Facilities. Water supply, sewage disposal and solid waste disposal systems shall meet the
minimum standards of the Montana Department of Environmental Quality as required by
Sections 76-4-101 through 76-4-135, M.C.A-, and regulations adopted pursuant thereto, and are
subject to the approval of the City of Bozeman.
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. No building permits will be issued for a subdivision within the
City until all required water and sewer and street gravel courses are installed and
accepted unless otherwise provided for in development proposals occurring under the
provisions of Chapter 16.24 Planned Unit Development (PUD), and pursuant to the
criteria established in Section 16.22.030(B)(1) and 16.22.030(B)(2). The improvements in a
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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. If an Improvements Agreement is filed with the final subdivision plat to secure
infrastructure improvements, a separate document shall be filed with the final plat that clearly
states that building permits will not be issued until all water and sewer infrastructure and street
gravel courses are installed and accepted. All improvements agreements shall meet the following
standards:
1. The length of time of the Agreement shall not exceed 3 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 150 percent of the estimated cost of the improvements
shall be included, with the estimated cost of improvements provided by the subdivider's
professional engineer. The City Engineer has the discretion to require a second estimate
of the cost of improvements, with the cost of obtaining the second estimate borne by
the subdivider. Such security shall be in the form of a surety bond, certificate of deposit,
letter of credit, or cash. The Agreement shall stipulate which type of security
arrangements will be used.
3. The term for the security referenced in Section 2 above shall be the same as the length of
time of the Improvements Agreement.
4. The Agreement and security shall be satisfactory to the City Attorney as to form and
manner of execution.
5. Security for improvements other than internal subdivision streets, water and sewer
mains, shall be reduced only upon recommendation of the City Engineer and approval
by the City Commission, upon request by the subdivider. Requests for partial release of
security shall only be in amounts such that the security will always equal 150 percent of
the value of the uncompleted work, as determined by the City Engineer and such that
not more than 90 percent of the security is released prior to completion of
improvements.
6. The Improvements Agreement shall be filed with the final plat. The financial security
shall be placed in the keeping of the City Treasurer.
16.22.050 ACCEPTANCE OF IMPROVEMENTS.
A. Acceptance of Street, Road and Bridge Improvements. Before any subdivision street, whether
new or existing, can be accepted into the City Street System by the City of Bozeman, it shall be
built to meet or exceed the required standards. Any improvements made to county roads shall
meet or exceed standards set by the County Road Office, and must be reviewed and approved
by the County Road Office. Any bridge improvement, within the City or the County, shall meet
or exceed standards set by the Montana Department of Transportation, and must be reviewed
and approved by the County Road Office and the City of Bozeman, and accepted by the County
Road Office into the County's bridge maintenance system.
1. Record Drawings. Record drawings of all public infrastructure improvements
constructed within the City of Bozeman, drawn to the specifications required by the City
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Engineering Department, shall be submitted prior to final plat approval, per ARM
8.94.3003(3.g).
16.22.060 TIMING OF OTHER SUBDIVISION IMPROVEMENTS
A. Park, Pathway and Boulevard Improvements.
I. These required improvements shall be installed, or subject to an approved improvements
agreement and financially guaranteed prior to final plat approval.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of these improvements as long as the improvements are subject to an
approved improvements agreement and are financially guaranteed.
B. Neighborhood Center Improvements.
1. With the exception of neighborhood commercial and civic buildings and their grounds,
neighborhood center improvements shall be installed, or subject to an approved
improvements agreement and financially guaranteed prior to final plat approval.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of improvements related to greens, plazas, and squares as long as the
improvements are subject to an approved improvements agreement and are financially
guaranteed.
16.22.070 PAYMENT FOR EXTENSION OF CAPITAL FACILITIES.
The City of Bozeman may require a subdivider to pay or guarantee payment for part or all of the costs
of extending capital facilities related to public health and safety, including but not limited to public roads
or streets, sewer lines mains, water supply lines mains, and storm water facilities drains to a subdivision.
The costs must reasonably reflect the expected impacts directly attributable to the subdivision. The City
may not require a subdivider to pay or guarantee payment for part or all of the costs of constructing or
extending capital facilities related to education.
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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 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. Pre-application 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 in
Chapters 16.14 and 16.16.
4. Any additional, reasonable information.
B. Preliminary 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 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 found
in Chapters 16.14 and 16.16 of these regulations.
4. Any additional information found to be necessary during pre-application plan review.
16.24.030 PUD CRITERIA.
The Bozeman City Commission may establish or approve a PUD and waive or modify the design
standards of Chapters 16.14 and 16.16 for lots, blocks, streets, and parks if the following criteria are met
or exceeded.
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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.
3. Protect important historic sites,structures, or areas of important wildlife habitat.
4. Provide economies in the provision of streets 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. Qpen Space. 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 16.14.100 for the area of the
subdivision, exclusive of all other dedications.
D. Landscaping. Landscaping may be required between building sites or on the PUD perimeter
where the City Commission deems it necessary to provide buffer screening between different
land uses.
E. Parking Area. Adequate parking area shall be required for the proposed uses of the
development, as determined appropriate by all applicable zoning regulations or the City
Commission.
F. Streets. Streets within the subdivision shall be open to the public; however, private streets may
be allowed by the Bozeman City Commission under the following circumstances. Any internal
street not meeting the standards of Chapter 16.16.090 of these regulations shall be a private
street.
1. Collector streets designed to furnish access to adjacent areas are dedicated.
2. Adequate responsibility for the improvement and maintenance of private streets is
assumed by the property owner's association.
3. Subdivision street improvement specifications are in compliance with these regulations.
G. Other Regulations. Where there are other ordinances or regulations which require compliance
to PUD or other minimum standards, this section does not authorize the City Commission to
waive or modify such ordinances or regulations.
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CHAPTER 16.26
SUBDIVISIONS CREATED BY RENT OR LEASE OR CONDOMINIUMS
16.26.010 GENERAL.
Subdivisions created by rent or lease (i.e., manufactured housing communities) 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 maybe conveyed in any manner.
16.26.020 PROCEDURE.
The procedures as outlined in Chapter 16.08, Review Procedures for Major Subdivisions, shall be
followed except as follows:
A. Final Approval Procedure.
1. The subdivider shall submit 2 originals and 3 copies of the plan, with required revisions,
together with all required signed certificates and documents.
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 Engineering
Department for its approval prior to the construction of improvements. The City 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
shall be submitted to the Planning Department with the final plat application, where
applicable,certifying that the following documents have been received:
a. As-built drawings, i.e., 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 will intersect with a state
highway.
3. The Planning Department shall review the plan to ascertain that all conditions of
preliminary approval have been met.
4. The Bozeman City Commission shall examine the plan within 45 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 City Commission
shall so certify in a printed certificate on the plan and provide the subdivider with 1 copy
thereof. The original shall be filed with the County Clerk and Recorder as a
"miscellaneous" document, and 1 copy of the approved plan shall be retained in the
Planning Department. If disapproved, the City Commission shall write the subdivider a
letter stating the reasons therefore.
B. Plans and Data. Plans and supplemental information required in these regulations shall be
submitted with the following exemptions and additions.
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1. Boundary 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
streets, 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 governing body.
e. Certificate of Approval by the Montana Department of Environmental Quality
(with plan for final approval only.)
f. Certificate of County Treasurer.
g. Certificate of Mortgagees(s).
16.26.030 STANDARDS FOR MANUFACTURED HOUSING COMMUNITIES AND
RECREATIONAL VEHICLE PARKS.
The design standards of Chapters 16.14 and 16.16 of these regulations shall be complied with, except
where otherwise noted below.
A. Space Layout. 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.
MANUFACTURED RECREATIONAL
HOME SPACE VEHICLE SPACE
a. Minimum Space Area 5,000 square feet 1,500 square feet
b. Minimum Space Width 50 feet 15 feet
C. Minimum Stand Size 12 feet x 60 feet, single 8 feet in width
24 feet x 48 feet, double
d. Setback of Stands From:
• Property line (exterior 20 feet 20 feet
boundary)
• Interior streets 15 feet —
• Public streets 25 feet 25 feet
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MANUFACTURED RECREATIONAL
HOME SPACE VEHICLE SPACE
e. Distance Between Stands From:
• Side to side 25 feet —
• Rear to rear 15 feet —
f. Parking Spaces (9 feet x 20 feet):
• Each manufactured 2 spaces 1 space
home space
• For every 4 1 space —
manufactured home
spaces (guest parking)
1. Setback Requirements. 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.
2. Arrangement. Manufactured home spaces shall be arranged to permit the practical
placement and removal of manufactured homes. Every space must front on a public or
private street.
3. Stand Base Requirements. Each manufactured home stand shall be constructed to
provide adequate support for placement of the manufactured 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 City Building Department, as
appropriate.
4. Tie-Downs. Manufactured home stands shall be equipped with anchors or tie-downs in
conformance with the Uniform Building Code.
5. Parking Spaces. Two parking spaces shall be provided on each manufactured 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 manufactured housing community. Guest parking must be
paved. If parking is provided on one or both sides of the development's streets, the
requirement for guest parking will not apply.
6. 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 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.
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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 4 feet in height above grade.
If each manufactured 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
manufactured home space. The rack shall be of sufficient size to hold 2 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.
B. Street Design. Private or public streets, which are improved in accordance with these
regulations, shall be provided. The subdivider shall not be required to reserve right-of-way in
excess of the improved street width, except for public streets which extend through the
subdivision.
I. Street Type. The width of private streets, as measured from back of curb to back of curb
will be determined through the subdivision review process, and will be based on the
specific needs,impacts and context of the development proposal.
2. Private Streets. Except for public streets that extend through the subdivision, streets in
manufactured housing community 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 "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.
b. All private streets for manufactured housing communities or recreational vehicle
parks shall be constructed as paved streets, with concrete curb and gutter.
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 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 standards, as appropriate.
Sidewalks shall be installed on both sides of the public street.
4. Primary Access. Manufactured housing communities and recreational vehicle parks
shall have direct access to a designated collector or arterial street or road. All offske
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access to manufactured housing communities or recreational vehicle parks shall meet the
requirements for collectors or arterials in Chapter 16.16 of these regulations.
5. Stand Access.Minimum access width to each manufactured home or recreational vehicle
stand shall be 12 feet. All private stand access drive approaches to public streets shall be
constructed in accordance with the City's standard approach, i.e., concrete apron,
sidewalk section, and drop-curb, with approaches being a minimum of 8 feet from
subdivision property lines.
C. Public Access and Utility Easements/Right-of-Way. 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 City Commission may require the subdivider to apply for a minor
subdivision which will provide 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 Emergency Access. To facilitate traffic, the provision of emergency services, and the
placement of utility easements, the subdivider shall provide all manufactured housing
communities or recreational vehicle parks with a second means of access. If, in the judgment of
the City Commission, 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 DeIiverv. If mail delivery will not be to each individual space, the manufactured housing
community shall provide an off-street area for mail delivery within the development in
cooperation with the United States Postal Service.
F. Landscaping. Landscaping may be required by the City Commission to provide a buffer
between manufactured housing communities 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 City considering appropriate factors such as the nature of adjacent uses,
noise,proximity to busy streets, and community character.
Landscaping within the manufactured housing community 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 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 Section
16.14.100 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.
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1. Public Accessibility 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 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.
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 City 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 improvements, such as playground equipment, to offset the
decrease in usable recreation area.
3. Recreation Area Improvements. All recreation areas must be leveled and reseeded, and a
pemnanent irrigation system provided by the subdivider.
H. Storage Requirements. 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.
16.26.040 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. Exemption. Condominiums constructed on land divided in compliance with these
regulations are exempt from the provisions of this chapter if:
a. The approval of the original division of land expressly contemplated the
construction of the condominiums and any applicable park dedication
requirements in 16.14.100 are complied with; or
b. The condominium proposal is in conformance with applicable local zoning
regulations.
C. Street Design. Private or public streets, 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 Section
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
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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. 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 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 standards. Sidewalks
shall be installed on both sides of the public street.
D. Second or Emergency 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 City, if deemed
necessary.
E. Mail Delivery. If mail delivery will not be to each unit, the development shall provide an off-
street area for mail delivery within the development in cooperation with the United States Postal
Service.
F. Unit Ownership Act. Condominium development shall comply with all provisions of the Unit
Ownership Act,Section 70-23-102 et. seq.,M.C.A.,and all regulations adopted pursuant thereto.
G. Other Requirements. 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.
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CHAPTER 16.28
SUBDIVISION EXEMPTIONS
16.28.010 DIVISIONS OF LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS OF
THESE REGULATIONS AND THE MONTANA SUBDIVISION AND PLATTING ACT.
Unless the method of disposition is adopted for the purpose of evading these regulations or the
Montana Subdivision and Platting Act, the requirements of these regulations and the Montana
Subdivision and Platting 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, Title 70, Chapter 30;
1. Before a court or 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 construction mortgages, liens, or trust
indentures;
C. A division of land creates an interest in oil, gas, minerals, or water that is severed from the
surface ownership of real property;
D. A division of land creates cemetery lots;
E. A division of land is created by the reservation of a life estate;
F. A division of land is created by lease or rental for farming and agricultural purposes;
G. A division of land is in a location over which the state or the City does not have jurisdiction;
H. The land upon which an improvement is situated has been subdivided in compliance with these
regulations and the Montana Subdivision and Platting 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;
I. Condominiums are constructed on land divided in compliance with these regulations and the
Montana Subdivision and Platting Act provided that:
1. The approval of the original division of land expressly contemplated the construction of
the condominiums and any applicable park dedication requirements in 16.14.090 of these
regulations and 76-3-621,M.C.A. are complied with; or
2. The condominium proposal is in conformance with applicable zoning regulations.
J. The sale, rent, lease, or other conveyance of one or more parts of a building, structure, or other
improvement, whether existing or proposed, is not a division of land;
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K. 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;
L. 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;
M. Deeds, contracts, leases, or other conveyances were executed prior to July 1, 1974.
16.28.020 SPECIFIC EXEMPTIONS FROM REVIEW BUT SUBJECT TO SURVEY
REQUIREMENTS.
Unless the method of disposition is adopted for the purpose of evading these regulations or the
Montana Subdivision and Platting Act, the following divisions of land are not subdivisions under these
regulations and the Montana Subdivision and Platting Act, but are subject to the surveying requirements
of 76-3-401 M.C.A. for lands not amounting to subdivisions. 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
notifythe Planning Department of anyland division described in this section or 76-3-207 (1) M.C.A.
A. 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;
B. 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;
C. Divisions made outside of platted subdivisions for the purpose of relocating common boundary
lines between adjoining properties;
D. Divisions made for the purpose of relocating a common boundary line between a single Iot
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; and
D. For 5 of fewer lots within a platted subdivision, relocation of common boundaries and the
aggregation of lots.
16.28.030 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 this
chapter but must be submitted for review and approved by the City Commission before portions
thereof my be rented or leased, except for when:
1. The approval of the original division of land expressly contemplated the construction of
the condominiums and any applicable park dedication requirements in 16.14.090 of these
regulations and 76-3-621 M.C.A. are complied with; or
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2. The condominium proposal is in conformance with applicable zoning regulations.
16.28.040 EXEMPTION FROM SURVEYING AND PLATTING REQUIREMENTS FOR
LANDS ACQUIRED FOR STATE HIGHWAYS.
Instrument of transfer of land which is acquired for state highways may refer by parcel and project
number to state highway plans which have been recorded in compliance with 60-2-209 M.C.A. and are
exempted from the surveying and platting requirements of these regulations and the Montana
Subdivision and Platting Act. If such parcels are not shown on highway plans of record, instruments of
transfer of such parcels shall be accompanied by and refer to appropriate certificates of survey and plats
when presented for recording.
16.28.050 PROCEDURES AND GENERAL REQUIREMENTS.
All certificates of survey or amended subdivision plats claiming an exemption inside City limits and
subject to survey requirements shall be submitted to the Planning Department. .The procedures and
requirements of these regulations are limited to the exemptions discussed in Section 16.28.060of these
regulations.
A. Submittal. A claimant seeking an exemption under the Montana Subdivision and Platting 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 Department. Four paper copies of the
Certificate of Survey or Amended Plat shall be submitted with the claim and shall be folded to
fit in a standard 81/2" X 11" or 81/" X 14" folder.
B. Review. The Planning Department will review the claimed exemption to verify that it is the
proper use of the claimed exemption. Unless the exemption claimed would divide land to
provide security for construction mortgages, liens, or trust indentures, the Engineering
Department will review the certificate of survey or amended plat to ensure that all applicable
survey requirements are met.
1. During this review, the Planning Department 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 Department
shall prepare a memo evaluating the claimed exemption against applicable review criteria,
which shall also be made available to the claimant or the claimant's representative.
2. In assessing the claimant's purpose for the exemption, the Planning Department 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.
3. Where a rebuttable presumption is declared in these regulations,the presumption maybe
overcome by the claimant with evidence contrary to the presumption. If the Planning
Department concludes that the evidence overcomes the presumption and that from all
the circumstances the exemption is justified, the exemption will be allowed. On the
other hand, if the Planning Department concludes that the presumption is not overcome
and that from all the circumstances the exemption is not justified, the exemption will be
disallowed.
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4. If the exemption is allowed, the Planning Director shall so certify in a printed certificate
on the certificate of survey or amended plat within 30 days of submission of a complete
application.
5. If the exemption is disallowed, the Planning Department shall provide written
notification, within 30 days of submission of a complete application, of its decision to
the person claiming the exemption, and to the Gallatin County Clerk and Recorder.
C. Filing Requirements. An amended plat or a certificate of survey of a division of land which is
exempt from review must be filed within 180 days of the completion of the survey. Four signed
copies on 3 mil or heavier matte stable-base polyester film or equivalent, and one digital copy of
the survey on a 31/z-inch 21-11) disk or CD-ROM shall be submitted.
1. A certificate of survey may not be filed by the Gallatin County Clerk and Recorder
unless it complies with the following UNIFORM STANDARDS FOR CERTIFICATES
OF SURVEY:
a. A certificate of survey must be legibly drawn with permanent ink or printed or
reproduced by a process guaranteeing a permanent record and must be 18" x
24", or 24" x 36", overall to include a 11/z-inch margin on the binding side.
b. If more than one sheet must be used to adequately depict the land surveyed,each
sheet must show the number of that sheet and the total number of sheets
included.All certifications must be placed or referred to on one sheet.
C. A certificate of survey must show or contain on its face or on separate sheets
referred to on its face the following information. The surveyor may, at his or her
discretion, provide additional information regarding the survey.
i. A title or title block including the quarter-section, section, township,
range, principal meridian and county, and, if applicable, city or town in
which the surveyed land is located. Except as provided in Section
16.28.050.C.2.f.v, a certificate of survey must not bear the title "plat,"
"subdivision" or any title other than "Certificate of Survey."
ii. The name(s) of the person(s) who commissioned the survey and the
names of any adjoining platted subdivisions and the numbers of any
adjoining certificates of survey previously filed.
iii. The date the survey was completed and a brief explanation of why the
certificate of survey was prepared, such as to create a new parcel, retrace
a section line or retrace an existing parcel of land.
iv. A north arrow.
V. A scale bar. (The scale must be sufficient to legibly represent the required
information and data.)
vi. The location of, and other information relating to all monuments found,
set, reset, replaced or removed as required by ARM 8.94.3001(1)(c).
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(a) If additional monuments are to be set after the certificate of
survey is filed, these monuments must be shown by a distinct
symbol, and the certificate of survey must bear a certification by
the surveyor as to which they will be set.
(b) All monuments found during a retracement that influenced the
position of any corner or boundary indicated on the certificate of
survey must be clearly shown as required by ARM
8.94.3001(1)(c).
vii. The location of any section corners or comers of divisions of sections
the surveyor deems to be pertinent to the survey.
viii. Witness and reference monuments and basis of bearings. For purposes of
this rule the term "basis of bearings" means the surveyor's statement as
to the origin of the bearings shown in the certificate of survey. The basis
of bearings may refer to a particular line between monumented points in
a previously filed survey document. If the certificate of survey shows true
bearings, the basis of bearings must describe the method by which these
true bearings were determined.
ix. The bearings, distances and curve data of all boundary lines. If the parcel
surveyed is bounded by an irregular shoreline or a body of water, the
bearings and distances of a meander traverse generally paralleling the
riparian boundary must be given.
(a) The courses along a meander line are shown solely to provide a
basis for calculating the acreage of a parcel that has one or more
riparian boundaries as the parcel existed at the time of survey.
(b) For purposes of this rule a line that indicates a fixed boundary of
a parcel is not a "meander" or "meander line" and may not be
designated as one.
X. Data on all curves sufficient to enable the reestablishment of the curves
on the ground. For circular curves these data must at least include radius
and arc length. For non-tangent curves, which must be so labeled, the
certificate of survey must include the bearings of radial lines or chord
length and bearing.
xi. Lengths of all lines shown to at least tenths of a foot, and all angles and
bearings shown to at least the nearest minute. Distance measurements
must be stated in English units, but their metric equivalents, shown to
the nearest hundredth of a meter, may be noted parenthetically.
xii. A narrative legal description of the parcel surveyed as follows:
(a) If the parcel surveyed is either an aliquot part of a U.S.
government section or a U.S. government lot, the information
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required by this subsection is the aliquot or government lot
description of the parcel.
(b) If the survey depicts the retracement or division of a parcel or lot
that is shown on a filed certificate of survey or subdivision plat,
the information required by this subsection is the number or
name of the certificate of survey or plat and the parcel or lot
number of the parcel surveyed.
(c) If the parcel surveyed does not fall within Section
16.28.050.C.2.xi.i.a or b, above, the information required by this
subsection is the metes-and-bounds description of the perimeter
boundary of the parcel surveyed.
(d) If the certificate of survey establishes the boundary of a parcel
containing one or more interior parcels, the information required
by this subsection is the legal description of the encompassing
parcel.
(e) The requirement of this rule does not apply to certificates of
survey that depict a partial retracement of the boundaries of an
existing parcel or establish the location of lines or corners that
control the location of an existing parcel.
xiii. Except as provided by Section 16.28.050.C.2.f.iv, all parcels created by
the survey, designated by number or letter, and the dimensions and area
of each parcel. (Excepted parcels must be marked "Not included in this
survey.") If a parcel created by the survey is identifiable as a 1/32 or
larger aliquot part of a U.S. government section or as a U.S. government
lot, it may be designated by number or letter or by its aliquot part or
government lot identification.
xiv. The location of any easement that will be created by reference to the
certificate of survey.
xv. The dated signature and the seal of the surveyor responsible for the
survey. The affixing of this seal constitutes a certification by the surveyor
that the certificate of survey has been prepared in conformance with the
Montana Subdivision and Platting Act (76-3-101 through 76-3-625,
M.C.A) and the regulations adopted under that Act.
xvi. A memorandum of any oaths administered under 76-3-405,M.C.A.
xvii. Space for the County Clerk and Recorder's filing information.
e. Certificates of survey that do not represent a division of land, such as those
depicting the retracement of an existing parcel and those prepared for
informational purposes, must bear a statement as to their purpose and must meet
applicable requirements of this rule for form and content.
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f. Procedures for divisions of land exempted from public review as subdivisions.
Certificates of survey for divisions of land meeting the criteria set out in 76-3-
207,M.C.A, must meet the following requirements:
i. A certificate of survey of a division of land that would otherwise be a
subdivision but that is exempted from subdivision review under 76-3-
207, M.C.A, may not be filed by the County Clerk and Recorder unless it
bears the acknowledged certificate of the property owner stating that the
division of land is exempt from review as a subdivision and citing the
applicable exemption.
H. If the exemption relied upon requires that the property owner enter into
a covenant running with the land, the certificate of survey may not be
filed unless it bears a signed and acknowledged recitation of the
covenant.
1. If a certificate of survey invokes the exemption for gifts and sales to
members of the landowner's immediate family, the certificate must
indicate the name of the proposed grantee,the relationship of the grantee
to the landowner and the parcel to be conveyed to the grantee.
iv. If a certificate of survey invokes the exemption for the relocation of
common boundary lines:
(a) The certificate of survey must bear the signatures of all
landowners whose parcels will be altered by the proposed
relocation. The certificate of survey must show that the
exemption was used only to change the location of or eliminate a
boundary line dividing two or more 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);
(b) The certificate of survey must show the boundaries of the area
that is being removed from one parcel and joined with another
parcel. The certificate of survey may, but is not required to,
establish the exterior boundaries of the resulting parcels.
However, the certificate of survey must show portions of the
existing unchanged boundaries sufficient to clearly identify both
the location and the extent of the boundary relocation;
(c) If a boundary line will be completely eliminated, the certificate
must establish the boundary of the resulting parcel.
V. A survey document that modifies lots in a platted and filed subdivision
and invokes an exemption from subdivision review under 76-3-201 or
76-3-207(1)(d) or (e), M C.A, must be entitled "amended plat of the
(name of subdivision)," but for all other purposes is to be regarded as a
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certificate of survey. The document must contain a statement signed by
the property owner that approval of the local government body is not
required and citing the applicable exemption.
vi. If the certificate of survey invokes an exemption from subdivision review
under 76-3-207, M.C.A, the certificate of survey must bear, or be
accompanied by, a certification by the county treasurer that all taxes and
special assessments assessed and levied on the surveyed land have been
paid.
vii. For purposes of Section 16.28.050.C.2.f, when the parcel of land for
which an exemption from subdivision review is claimed is being
conveyed under a contract-for-deed, the terms "property owner",
"landowner" and "owner' mean the seller of the parcel under the
contract-for-deed.
(g) Procedures for filing certificates of survey of divisions of land entirely exempted
from the requirements of the Act. The divisions of land described in 76-3-201,
76-3-205 and 76-3-209,M.C.A, and divisions of federally owned land made by a
United States government agency are not required to be surveyed, nor must a
certificate of survey or subdivision plat showing these divisions be filed with the
Clerk and Recorder. A certificate of survey of one of these divisions may,
however, be filed with the Clerk and Recorder if the certificate of survey meets
the requirements for form and content for certificates of survey contained in this
rule and bears a certificate of the surveyor performing the survey citing the
applicable exemption from the Act or, when applicable, that the land surveyed is
owned by the federal government.
16.28.060 EXEMPTION REVIEW CRITERIA.
The following criteria shall be used to ensure that exemptions are not claimed for the purposes of
evading these regulations or the Montana Subdivision and Platting Act.
A. 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.
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 1 parcel of land outside of a platted subdivision to each member of the
landowner's immediate family in each county, providing that the use of the exemption
creates no more than 1 additional parcel of less than 60 acres in size. The parcel
involved in the division must be outside of a platted subdivision. Each exemption under
this section will be reviewed by the Planning Department 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
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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 City makes a rebuttable presumption that a family transfer is adopted for the
purpose of evading these regulations and the Montana Subdivision and Platting Act if it
is determined that one or more of the following conditions exist:
a. The exempted parcel would leave more than 1 additional parcel of less than 160
acres.
b. The member of the landowner's immediate family would have received more
than 1 exempted parcel in the county.
B. 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_
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 City of
Bozeman 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.
a. A change in use of the land for anything other than agricultural purposes subjects
the division to these regulations and the Montana Subdivision and Platting Act.
C. Divisions made outside of platted subdivisions for the purpose of relocating common boundary
lines between adjoining properties.
and
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.
1. The proper use of the exemption for relocating common boundary lines is to:
a. Establish a new boundary between adjoining parcels of land outside of a platted
subdivision,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
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requirement on the original platted lot or original unplatted parcel continues to
applyto those areas.
2. A Certificate of Survey for the relocation of common boundary lines may include 5 or
fewer parcels and/or 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 2 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 City makes a rebuttable presumption that a proposed relocation of common
boundary lines is adopted for the purpose of evading the Act, if:
a. The Planning Department determines that the documentation submitted
according to this section does not support the stated reason for relocation, or an
additional parcel is created.
D. For 5 of fewer lots with a platted subdivision, relocation of common boundaries and the
aggregation of lots.
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. 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).
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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 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 6 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 6 or more lots must be reviewed as a subdivision and approved by the City
of Bozeman prior to the filing of the final plat.
E. A division of land is created to provide security for construction mortgages, liens, or trust
indentures.
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 City 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.
16.28.070 PROCEDURES FOR FILING CERTIFICATES OF SURVEY OF DIVISIONS OF
LAND ENTIRELY EXEMPTED FROM THE REQUIREMENTS OF THE ACT.
A certificate of survey of a division of land entirely exempted from the requirements of these regulations
and the Montana Subdivision and Platting Act may be filed with the County Clerk and Recorder if it
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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 Montana
Subdivision and Platting Act.
16.28.080 CORRECTION OF ERRORS.
Correction of errors maybe made by the submission of a corrected certificate of survey for the Planning
Director's approval.
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CHAPTER 16.30
ADMINISTRATIVE PROVISIONS
16.30.010 VARIANCES.
The City Commission 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 include their findings and conclusion regarding the requested
variance in its recommendation to the City Commssion. The City Commission shall then
consider each variance at the public hearing on the preliminary plat.
B. Public Hearing Notice. The notice required in Section 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 City Commission 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, place the subdivision in nonconformance with any
adopted zoning regulations or growth policy.
D. Variances from Floodway Provisions Not Authorized. The City Commission 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,M.C.A.
E. Conditions. In granting variances, the City Commission may require such conditions as will, in
its judgment, secure the objectives of these regulations.
F. 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.
G. Planned Unit Development. Where the standards and requirements of these regulations may be
modified by the City Commission 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.
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16.30.020 AMENDMENTS TO SUBDIVISIONS REGULATIONS.
A. General. For the purpose of providing for the public health, safety, and general welfare,the City
Commission may amend the provisions of these regulations.
1. Hearing. Amendments to these regulations shall not become effective until after a
review has been held by the Planning Board, and the Board has forwarded a
recommendation on the amendments to the City Commission. The City Commission
shall consider the amendments at a public hearing. Legal notice of such hearings shall be
given in a newspaper of general circulation in the County not less than 15 days nor more
than 30 days prior to the date of hearings.
16.30.030 ADMINISTRATION.
A. Violation. Any person, firm, corporation, or other entity that violates any provision of these
regulations or the Montana Subdivision and Platting Act shall be guilty of a misdemeanor.
B. Penalties. Any violation of the provisions of these regulations or the Montana Subdivision and
Platting Act is punishable by a fine of not less than $100.00 or more than$500.00, or
imprisonment in a county jail for not more than 3 months, or by both fine and imprisonment.
Each sale, lease, or transfer of each separate parcel of land in violation of any provision of these
regulations or the Montana Subdivision and Platting Act shall be deemed a separate and distinct
offense.
C. Enforcement. If transfers not in accordance with these regulations or the Montana Subdivision
and Platting Act are made, the City Attorney shall commence action to enjoin further sales or
transfers and compel compliance with all provisions of these regulations. The cost of the action
must be imposed against the party not prevailing.
D. Review Fee. Review fees shall be paid to the Planning Department for each subdivision plat
reviewed according to the fee schedule approved by the City Commission under a separate
document.
16.30.040 CORRECTION OF ERRORS, AMENDMENTS, OR VACATION OF RECORDED
FINAL PLATS.
A. Correction of Errors. Correction of errors that, in the opinion of the City Commission,will not
materially alter the plat may be made by the submission of a corrected final plat for the City
Commission'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 City Commission under the major or minor subdivision procedure, as is
appropriate. Prior to such approval, the amended plat shall be reviewed by the Planning
Department. The City Commission 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
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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. Vacating Recorded Plats. Any plat prepared and recorded as provided by these regulations may
be vacated, in whole or in part, as provided by Section 7-5-2501, 7-5-2502, 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 City Commission,
or the district court, as provided in 7-5-2502, M.C.A, shall determine to which properties the
title to the streets and alleys of the vacated portions must revert. The City Commission, or the
district court, as provided in 7-5-2502, M.C.A., 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.
1. Utility Easements. 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 City Commission 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 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.
B. The Planning Department shall investigate the claim, the accompanying information and proof,
and make a report to the City Commission.
C. Within 15 days after receipt of the information, the Planning Department shall present the
report to the City Commission at a regular meeting. Notice of the meeting shall be given to the
claimant and the subdivider. At the meeting, the City Commission shall consider the
information and proof.
16.30.060 CORRECTION OF RECORDED PLAT BY GOVERNING BODY.
When a recorded plat does not definitely show the location or size of lots or blocks, or the location or
width of any street or alley, the City may at its own expense cause a new and correct survey and plat to
be made and recorded in the office of the County Clerk and Recorder. The corrected plat must, to the
extent possible, follow the plan of the original survey and plat. The surveyor making the resurvey shall
endorse the corrected plat referring to the original plat, and noting the defect existing therein and the
corrections made.
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16.30.070 ADDITIONAL CONDITIONS AFTER PRELIMINARY PLAT APPROVAL.
After the preliminary plat is approved, unless (1) inaccurate or incomplete information is found, or (2) a
change to a condition has been requested by the subdivider, the City Commission 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.
A. The City Commission may grant reasonable waivers from these regulations where it is found
that these regulations allow a waiver to be requested and granted.
B. 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
City Commission shall then consider each waiver at the time the preliminary plat is reviewed.
U6
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 City of Bozeman, when deemed appropriate. A
corporate notary shall be used in place of an individual notary,when appropriate.
16.32.020 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. Certificate of Dedication.
CERTIFICATE OF DEDICATION
(1), (We), the undersigned property owner(s), do hereby certify that (1) (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
DATED this day of ,
(Acknowledged and notarized signatures of all record owners of platted property)
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B. Certificate of Consent.
CERTIFICATE OF CONSENT
(1), (We),.the undersigned property owner(s), do hereby certify that (1) (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
(ExtetiorBoundary 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.)
16.32.030 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:
CONSENT OF MORTGAGEE(S)
(1), (We), the undersigned mortgagee(s) or encurnbrancer(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 areas which
are dedicated to the City of Bozeman for the public use and enjoyment_
DATED this_day of
(Acknowledged and notarized signature of all encumbrancers of record.)
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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 Bozeman,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,Subdivision Regulations.
DATED this--,day of
(Signature)
City of Bozeman Director of Public Service
16.32.050 SURVEYOR.
All plats of subdivision shall contain a Certificate of Surveyor which shall read as follows:
CERTIFICATE 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 Subdivision Regulations.
DATED this_day of
(Signature)
(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 final 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).
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CERTIFICATE OF COMPLETION OF IMPROVEMENTS
I, (Name of Subdivider), and i, (Name of Subdivider's Registered Engineer), 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
improvements actually 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.
Signature of Subdivider (Date)
Signature, Number,and Seal of Engineer (Date)
Signature,Director of Public Service (Date)
16.32.070 GOVERNING BODY.
The City Commission or their designated agent shall certify approval of the plat of subdivision. Said
certificate shall read as follows:
CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE
1, 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
(Signature), Director of Public Service
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16.32.080 EXCLUSION FROM MDEQ REVIEW.
The following Certificate shall be added to all subdivision plats to certify that adequate storm water
drainage and adequate municipal facilities will be provided.
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT
OF ENVIRONMENTAL QUALITY REVIEW
The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman,
Montana, a first-class municipality, and within the planning area of the Bozeman 2020
Community Plan, a growth policy adopted pursuant to Section 76-1-601 et seq., M.C.A., and
can be provided with adequate storm water drainage and adequate municipal facilities.
Therefore,under the provisions of Section 76-4-125(2)(d) M.C.A., this subdivision is excluded
from the requirement for Montana Department of Environmental Quality review.
DATED this—day of ,
(Signature),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:
CERTIFICATE 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.
DATED this_ day of ,
(Signature), Treasurer of Gallatin County
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 . 1 and recorded in Book of Plats on
Page ,Records of the Clerk and Recorder, Gallatin County, Montana.
(Signature), Clerk and Recorder
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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 Governing Body.
CERTIFICATE OF GOVERNING BODY
1, (Planning Director), do hereby certify that the accompanying (Certificate of Survey)
(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
Subdivision Regulations.
DATED this—day of^�
(Signature),
Planning Director
B. Certificate of Exemption. Reference to exclude the survey from Montana Department of
Environmental Quality review can also be added to this Certificate, as appropriate.
CERTIFICATE OF EXEMPTION
m (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
apMopriate sub-section),M.C.A.
DATED this day of ,
(Acknowledged and notarized signatures of all record owners of surveyed property)
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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.
A. General. If common property is to be deeded to the property owners association or similar
organization, of if the property owners' association will be responsible for the maintenance of
subdivision streets, centers, landscaping in street boulevards, parkland, or pathways, property
owners' association bylaws or the declaration of covenants, conditions, and restrictions shall be
prepared.
B. Bylaws or Covenants, Conditions and Restrictions Contents. The property owners' association
bylaws or declaration of covenants, conditions, and restrictions shall contain the following
information:
1. Membership. Automatic and mandatory membership for each property or unit buyer
and any subsequent buyer.
2. Common Land/Facilities. The legal description of the common land and a description
of common facilities.
3. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities,and
payment of assessments,including the City of Bozeman.
4. Perpetual Reservation. Perpetual reservation and limited use of common property.
5. Right to Use. The right of each property or unit owner to use and enjoyment of any
common property or facility.
6. Responsibility. Responsibility for liability insurance, any applicable tax assessments and
the maintenance of any common property or facilities to be placed in the association.
7. Assessments. A mechanism to assess the common expenses for the land or facilities
including upkeep and maintenance expenses, real estate taxes, and insurance premiums_
Assessments shall 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.
8. A mechanism for resolving disputes among the owners or association members.
9. The conditions and timing of the transfer of ownership and control of land facilities to
the association.
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10. Any other matter the developer or the City of Bozeman deems appropriate.
C. Attorneys Fees. In the event it becomes necessary for property owners' association to retain an
attorney to enforce any of the association bylaws or covenants, conditions and restrictions, then
the prevailing party shall be entitled to reasonable attorney's fees and costs.
D. If the property owners' association fails to install or maintain improvements according to
approved plans, the City may, at its option, complete construction of improvements and/or
maintain improvements in compliance with Section 16.18.080 of these regulations. The City's
representative, contractors, and engineers shall have the right to enter upon the property and
perform such work, and the property owners' association shall permit and secure any additional
permission required to enable them to do so. The City shall bill the property owners' association
for any costs associated with the installation or maintenance of improvements.
16.34.030 COVENANTS.
The City of Bozeman 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. All covenants shall
be considered to run with the land. If the covenants are not marked or noted on the final subdivision
plat, they shall be contained in a separate instrument which shall be recorded with the final plat. 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.
B. 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.
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 streets,
common open space, centers,pathways, landscaping in street boulevards, and/or parks.
E. That any covenant which is required as a condition of the preliminary plat approval and required
by the Bozeman City Commission may not be amended or revoked without the mutual consent
of the owners in accordance with the amendment procedures in the covenants, and the City
Commission.
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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. The terms "monument" and "permanent monument" as used in these regulations mean any
structure of masonry, metal or other permanent, durable material placed in the ground,which is
exclusively identifiable as a monument to a survey point, expressly placed for surveying
reference.
B. All metal monuments must be at least one-half inch in diameter and 18 inches in length with a
cap not less than 1 inch in diameter marked in a permanent manner with the license number of
the surveyor in charge of the survey and either the name of the surveyor or the company
employing the surveyor. Metal monuments marking a public land survey corner as described in
70-22-101,MCA, must be at least 24 inches long and five-eighths of an inch in diameter with an
appropriately stamped metal cap at least 2 inches in diameter. A monument marking a public
land survey corner may also consist of a cap as described in this rule set firmly in concrete.
C. Before a subdivision plat or certificate of survey may be filed for record the surveyor shall
confirm the location of as many monuments as, in the surveyor's professional judgment, are
necessary to reasonably assure the perpetuation of any comer or boundary established by the
survey and to enable other surveyors to reestablish those corners and boundaries and retrace the
survey. The surveyor shall clearly identify on the face of the plat or certificate of survey all
monuments pertinent to the survey, and the descriptions of these monuments must be sufficient
to identify the monuments.
D. The surveyor shall set all monuments prior to the filing of a plat or certificate of survey except
those monuments that will be disturbed by the installation of improvements or that, because of
severe weather conditions, may, in the surveyor's judgment, be more appropriately and
accurately set after the weather has improved. In these two circumstances the surveyor may set
monuments after the survey document is filed if the surveyor certifies on the survey document
that the monuments will be set by a specified date. The surveyor shall set monuments, the
placement of which has been deferred because of severe weather conditions, within 240 days of
the date on which the survey document was filed.
1. If during the later monumentation of the comers of a plat or certificate of survey that
were not monumented before the plat or certificate was filed,the surveyor finds that it is
necessary to set a reference monument to a comer,the surveyor shall prepare and file an
amended certificate of survey or subdivision plat.
2. The failure of the surveyor to set the monuments by the date certified on the record of
survey will be deemed a violation of these rules.
E. The surveyor shall set monuments at the following locations:
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1. At each comer and angle point of all lots, blocks and parcels of land created by the
survey.
2. At every point of intersection of the outer boundary of a subdivision with an existing
road right-of-way line of record or a road right-of-way line created by the survey.
3. At every point of curve, point of tangency, point of reversed curve, point of
compounded curve and point of intersection on each road right-of-way line created by
the survey.
4. At the intersection of a boundary line and a meander line. Meander line angle points
need not otherwise be monumented.
F. If the placement of a required monument at its proper location is physically impractical, the
surveyor may set a reference or witness monument. This monument has the same status as other
monuments of record if its location is properly shown. If the surveyor relies upon any existing
monument in conducting a survey, he or she shall confirm the location of the monument and
show and describe it on the resulting certificate of survey or subdivision plat.
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CHAPTER 16.38
RESERVED
137
CHAPTER 16.40
RESERVED
138