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HomeMy WebLinkAboutFinal Adoption Ordinance 1873, BMC 38.23.180, Admin. of Water Adequacy Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney SUBJECT: Final Adoption of Ordinance No. 1873 MEETING DATE: November 4, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: Finally adopt Ordinance 1873. BACKGROUND: The Commission provisionally adopted Ordinance 1873 on October 21, 2013. For background information on Ordinance 1873 please see the staff memorandum from provisional adoption. UNRESOLVED ISSUES: The City Manager will provide the Commission an advanced copy of the Administrative Procedures Manual for Water Adequacy Requirements upon this ordinance becoming effective and prior to issuance of an administrative order adopting the manual. No other unresolved issues at this time. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None identified. Attachment: Ordinance 1873 Final Adoption Report compiled on: October 22, 2013 66 Ordinance 1873 Page 1 of 4 ORDINANCE NO. 1873 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING AUTHORITY TO SECTION 38.23.180 FOR ADMINISTRATION OF WATER ADEQUACY REQUIREMENTS. WHEREAS, the City of Bozeman has adopted a Unified Development Code which includes a requirement that development must provide adequate water to meet the demands of the development; and WHEREAS, the City Commission held a public meeting on September 30, 2013, to receive and review all written and oral testimony on the proposed amendments to 38.23.180, BMC; and WHEREAS, at its public hearing on September 30, 2013, the City Commission found the adoption of this Ordinance 1873 would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 Section 38.23.180 of the Bozeman Municipal Code be amended so that such section shall read as follows: “Sec. 38.23.180. - Water rights. A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: 1. Payment shall be made to the city of a payment-in-lieu of water rights calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price; or 67 Ordinance 1873 Page 2 of 4 2. The city may elect to accept a transfer to the city of ownership of water rights if the water rights proposed to be transferred are legally and physically adequate as determined by the city to provide the annual volume of water the development will require. A transfer of ownership of water rights must be in a form and manner suitable for municipal purposes and as approved by the review authority. 3. In addition to but notwithstanding the above, a development may propose the installation of non-potable water systems for irrigation or other approved uses. T he installation of a non-potable water system may result in a reduction in the payment required under subsection A.1 or amount of water rights under subsection A.2. To receive credit against the water demand calculation the development shall meet all physical requirements for such system as established by the city and shall comply with all applicable administrative requirements. B. If adequate water rights or a payment-in-lieu was previously provided to the city for the subject property, evidence of those rights or payment-in-lieu may be offered to demonstrate compliance with this section. If the expected demand for water by the proposed development increases by more than one acre-foot over that for which water rights or payment-in-lieu of water rights were previously provided, additional water rights or payment-in-lieu of water rights pursuant to subsection A equal to the difference between the previously provided water rights or payment-in-lieu and the estimated current demand or payment-in-lieu price shall be provided. C. Provision of water rights or payment-in-lieu may be deferred: 1. By phase for phased developments. 2. For annexations of vacant land when the annexation is in excess of ten acres. 3. For annexation of parcels of ten acres or less or for any size parcel if development exists on the area being annexed prior to the annexation and provision of water rights or payment-in- lieu pursuant to subsection A is provided at the time of annexation for the uses present on the site at the time of annexation. Subsequent development is subject to the provisions of subsection A. 4. For additional development beyond one dwelling unit per lot for lots zoned residential within a subdivision if water rights or payment-in-lieu is provided pursuant to subsection A prior to final plat for at least one residential unit on that lot. Additional development requires compliance with this section. A notice of restriction on future development in a form acceptable to the City shall be recorded with the Gallatin County Clerk and Recorder prior to the City granting a waiver under this subsection. 5. For commercial, industrial and institutional uses, until final site plan approval or the issuance of any building permit, whichever occurs first. D. The city manager may shall adopt administrative procedures to implement this section. The director of public services works shall adopt standards for the calculation of demand for water use. The unit cost for payment-in-lieu shall be established by commission resolution. The administrative procedures shall include but need not be limited to standards governing acceptance of water right transfers, and a means to establish credits against the transfer of excess rights. The standards governing acceptance of water right transfers may enable a deferral of 68 Ordinance 1873 Page 3 of 4 payment-in-lieu, provided that the party obligated for the payment-in-lieu executes a fee deferral agreement and related documents as approved by the City Attorney to be recorded at the Gallatin County Clerk and Recorder's office securing the amount due. E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in effect on the date the payment-in-lieu of water rights is to be made to the city. The director of public works shall make proper distribution to the funds for which such payments are made of all money collected.” Section 2 Repealer All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification The provisions of Section 1 shall be codified as appropriate in Chapter 38 of the Bozeman Municipal Code. Section 6 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. 69 Ordinance 1873 Page 4 of 4 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 22nd day of October 2013. ____________________________________ SEAN A. BECKER Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on s econd reading at a regular session thereof held on t he ____ day of ________________, 2013. The effective date of this ordinance is __________, __, 2013. ____________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 70