HomeMy WebLinkAboutChapter_74 Improvements and Guarantees
Title 18
Chapter 74
IMPROVEMENTS AND GUARANTEES
Sections:
18.74.010 Purpose and Applicability
18.74.020 Standards for Improvements
18.74.030 Completion of Improvements
18.74.040 Special Provisions for Timing of Certain Improvements
18.74.050 Acceptance of Improvements
18.74.060 Improvements Agreements
18.74.070 Payment for Extension of Capital Facilities
18.74.080 Types of Acceptable Securities
18.74.090 Development or Maintenance of Common Areas and Facilities by
Developer or Property Owners Association
18.74.100 Warranty
18.74.010 Purpose and Applicability
A. This chapter is to provide standards and procedures relating to the installation of
physical improvements and compliance with requirements related to development.
As these improvements are necessary to meet requirements of the law and to
protect public health, safety, and general welfare and other purposes of this title it
is also necessary to provide means by which their installation can be assured. Such
improvements may include, but are not limited to, design elements such as
landscaping, parking facilities, storm drainage facilities, architectural features,
pedestrian walkways, and public utilities. Furthermore, in some situations it is in the
best interest of the person conducting development to be able to guarantee the
completion of certain work and be able to begin utilization of a development sooner
than would otherwise be possible if all improvements had to be physically installed
before use could begin. This chapter therefore has the following purposes:
1. Ensure completion of required improvements or compliance with other
requirements of development to an acceptable standard;
2. Provide buyer/lessee protection while allowing a person undertaking
development to proceed with sales/leases before the project is totally
complete, especially multi-phased projects;
3. Ensure adequate warranty or maintenance, when appropriate, of
improvements;
4. Provide for mechanisms to ensure performance of or conformance with
conditions of approval or development requirements; and
5. Accomplish the above listed purposes through mechanisms that reduce
the need to rely on costly litigation to accomplish those purposes.
8. This chapter applies to all subdivisions and site developments as described below.
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1. Subdivisions shall install or provide security for installation of
improvements prior to final platting as set forth in detail in this chapter.
2. Site developments including, site plans, conditional use permits, planned
unit developments, reuses, and certificates of appropriateness, shall install
improvements or provide security for installation prior to occupancy or
commencement of use.
3. The City may determine the nature and timing of required installation of
improvements as part of the subdivision or site development process.
When necessary to protect the health, safety, and general welfare of the
public, and ensure the function and viability of development, certain
needed improvements may not be allowed to be financially guaranteed.
(Ord. 1645 S 1, 2005)
18.74.020 Standards for Improvements
A. General. It shall be the responsibility of the developer to comply with the following
procedures and standards for the installation of development improvements.
1. Construction Routes. For all developments, excluding sketch and
reuse/further development, a construction route map shall be provided
showing how materials and heavy equipment will travel to and from the
site. The route shall avoid, where possible, local or minor collector streets
or streets where construction traffic would disrupt neighborhood residential
character or pose a threat to public health and safety.
2. Protection of Existing Improvements. The developer, 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 developer, his contractors, or suppliers. Such protection of
improvements may include requirements for cleaning of vehicles leaving
a construction site. This provision is intended to preclude damage to
existing roads, streets, water, sewer, and drainage systems. The City
Engineer may instruct the developer as to the streets or roads to be used
for access by construction equipment, and the developer shall be
responsible for enforcement of this instruction upon his contractors and
their suppliers. The City of Bozeman may require the developer to post a
surety to guarantee repair of damages.
B. Improvements to be Dedicated to the Public
1. Plans and Specifications. Engineering and survey plans, specifications
and reports required in connection with public improvements and other
elements of the subdivision, or other development 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.
2. Scope of Work. The intent of these regulations is to provide standards by
which the contractor and the developer shall execute their respective
responsibilities and guarantee proper construction and completion in every
detail of the work in accordance with the plans, specifications and terms
set forth under these regulations.
a. The developer shall furnish the plans, specifications, and typical
sections for approval by the City Engineer. It shall be understood
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that the work to be done will not necessarily be limited to
occurring within the right-of-way boundaries.
b. 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.
3. Control of Work. During the course of construction and at the completion
of each phase of the project, the developer's 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 developer's engineer
shall notify and receive written approval or disapproval from the City
Engineer for any changes in approved plans and specifications.
4. Improvement Procedure
a. Approval of the improvement plans and specifications shall be
completed before installation of improvements orthe entering into
of an agreement where collateral is to be provided for the
completion of the improvements.
b. 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 developer and/or his contractors.
c After the preliminary plat has received approval or conditional
approval, and before the final plat is submitted, the developer
shall either install the required improvements or enter into an
agreement with the City of Bozeman financially guaranteeing the
installation and performance of the improvements.
d. After the final site plan is approved, subject to S 18.7 4.030.C, and
prior to occupancy of any buildings, the developer shall either
install the required improvements or enter into an agreement with
the City of Bozeman financially guaranteeing the installation and
performance of the improvements.
5. Sanitary Facilities. Water supply, sewage disposal and solid waste
disposal systems shall meet the minimum standards of the City of
Bozeman and the Montana Department of Environmental Quality as
required by SS 76-4-101 through 76-4-135, MCA, and regulations adopted
pursuant thereto, and are subject to the approval of the City of Bozeman.
C. Private Improvements. Improvements shall be constructed as shown on the
approved final site plan, final plat, or plans and specifications, as may be applicable.
The developer is responsible for coordinating installation with all necessary parties
and to restore to its original condition any public improvements or any private
improvements or property damaged during installation of private improvements.
(Ord. 1645 S 1, 2005)
18.74.030 Completion of Improvements
A. General. The applicant shall provide certification by the architect, landscape
architect, engineer, or other applicable professional that all improvements to be
dedicated to the public were installed in accordance with the approved site plan,
plans and specifications, or plat as applicable. For required private improvements,
the applicant shall provide certification by the architect, landscape architect,
engineer, or other applicable professional that all improvements, including but not
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limited to, landscaping, ADA accessibility requirements, private infrastructure, or
other required elements were installed in accordance with the approved site plan,
plans and specifications, or plat as applicable, unless a waiver of certification in
whole or part is explicitly approved by the DRC.
1. Improvements to be Dedicated to the Public. Improvements to be
dedicated to the public, such as water mains, sewer mains, and public
streets, shall be installed in accordance with the approved plans and
specifications by the developer, 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, building permit, issuance of a
certificate of occupancy or other identified benchmark as may be
appropriate. As-built drawings complying with the City of Bozeman's
Design Standards and Specifications Policy, including timing for submittal
of materials, shall be provided.
a. Public street means a public right-of-way or easement developed
to adopted city standards including, but not limited to, the
following improvements: curbs, gutters, storm drainage,
sidewalks, paving, traffic control signage or equipment, and
lighting.
2. Private Improvements and Other Required Improvements. Improvements,
such as but not limited to, landscaping, paving or irrigation shall be
installed in accordance with the approved preliminary plat or final site plan
by the developer and inspected and found to comply with the city
standards or requirements prior to the approval of the final plat, issuance
of a certificate of occupancy for the building(s) or site, or other identified
benchmark as may be appropriate. All improvements required as part of
a subdivision must be installed and accepted, or financially secured in
accordance with an improvements agreement, prior to final plat approval.
3. Improvements Agreement Required. All improvements necessary or
required to meet the standards of this title or conditions of approval shall
be the subject of an improvements agreement and be guaranteed for final
plat approval, occupancy of buildings, or other utilization of an approved
development is allowed before the improvements are completed and
inspected by the City.
a. Reservation. The City reserves the right to require actual
installation of improvements prior to occupancy when such
improvements are necessary to provide for health, safety, and
welfare or adequate function of systems or onsite development.
B. Completion Time for Subdivisions
1. All subdivision improvements, including parks, shall be constructed
and completed as approved by the City.
a. All improvements shall be installed prior to the issuance of a
building permit for any lot within a subdivision unless otherwise
provided for in development proposals occurring under the
provisions of Chapter 18.36, Planned Unit Development (PUD),
when concurrent construction is an identified purpose of the initial
project review, and pursuant to the criteria established in S
18.74.030.D.
b. The subdivider shall meet one of the following requirements for
completion of street improvements. The option SHALL be
specified in the preliminary plat submittal. Should the applicant
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not identify which option is desired option (1) shall be required.
Altering the choice of option after approval of the development
shall constitute a material modification to the project and require
rereview of the project for modification to the approval subject to
the provisions of S 18.02.070.
(1) The subdivision streets improvements shall be installed
prior to final plat approval. 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, curbs, or gutters be waived.
This requirement shall generally not be modified for
nonresidential developments; or
(2) 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 this chapter. 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 18.36, Planned Unit
Development (PUD), and pursuant to the criteria
established in S 18.74.030.D; or
(3) The subdivider may request that street improvements be
guaranteed by the creation of a special improvements
district (SID). If a 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 18.36,
Planned Unit Development (PUD), and pursuant to the
criteria established in S 18.74.030.D.
2. Sidewalks. City standard sidewalks (including a concrete sidewalk section
through all private drive approaches) shall be constructed on all publiC and
private street frontages prior to occupancy of any structure on individual
lots. Should a subdivider choose not to install all sidewalks prior to final
plat, an improvements agreement shall be entered into with the City of
Bozeman guaranteeing the completion of all sidewalks within the
subdivision within a three-year period. The developer shall supply the City
of Bozeman with an acceptable method of security equal to 150 percent of
these remaining sidewalk improvements.
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a. The subdivider shall install sidewalks adjacent to public lands,
including but not limited to, parks, open space, and the
intersection of alleys and streets or street easements. Sidewalks
in these areas shall be installed prior to final plat approval or shall
be subject to an approved improvements agreement and
financially guaranteed.
b. 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.
3. Subdivision Lighting. Subdivision lighting, as required in S 18.42.150, shall
be incorporated into all subdivisions by means of one of the following. The
option SHALL be specified in the preliminary plat submittal. Should the
applicant not identify which option is desired, option "b" shall be required.
Altering the choice of option after approval of the development shall
constitute a material modification to the project and require rereview of the
project for modification to the approval subject to the provisions of S
18.02.070.
a. The subdivider shall install street and pathway lighting throughout
the subdivision in compliance with this section.
or
b. 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 18.36, Planned Unit Development
(PUD) and pursuant to the criteria established in S 18.74.030.D.
C. Completion Time for Site Development. Whenever any building lots and/or building
sites are created inside the city limits and prior to the issuance of any building
permits on such lots or sites, municipal water distribution systems and municipal
sanitary sewer collection systems, and streets shall be provided to the site. Each
building site must utilize and be connected to both the municipal water distribution
and municipal sanitary sewer collection systems. Subject to the provisions of
Subsection 1 below, these improvements shall be designed, constructed, and
installed according to the standards and criteria as adopted by the City and
approved by both the City Engineer and Water and Sewer Superintendent prior to
the issuance of any building permits.
1. Provision of municipal central water distribution, municipal sanitary sewer
collection systems, and streets means that the criteria in either Subsection
a or Subsections band c are met:
a. Water, sewer, and street services are installed and accepted by
the City with service stubs being extended into the site, with such
stubs being of adequate size to provide water and sewer service
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to the proposed development without modification to publicly
owned infrastructure; or
b. The water mains, sewer mains, and streets to be extended to
provide service to the development are:
located within a publicly dedicated right-of-way or
easement; constructed to City of Bozeman standards;
are physically adjacent to the site proposed for
construction; are installed and accepted by the City; and
are adequate in capacity to provide necessary service to
the proposed development; and comply with the
requirements of this subsection and Subsection c below;
and
c. Water mains, sewer mains, and streets shall meet the following
requirements:
(1) Any required onsite extensions of water mains, sewer
mains, or streets to be dedicated to the public shall be
located entirely within publicly held easements or
rights-of-way; shall serve only a single lot; are the
subject of an irrevocable offer of dedication to the City
upon completion of the project; the development is under
the control of a single developer who shall retain control
of the entire project until final completion; all work is
under the supervision of a single general contractor; and
no subdivision of land is involved.
(2) The DRC shall determine when the standards of this
subsection are met. The Fire Department must consider
whether adequate fire protection services are available
from existing hydrants, and water supply exists to meet
needs during construction. If adequate fire protection
does not exist then concurrent infrastructure and building
construction may only occur under the provisions of
Subsection (3) below. Based on evaluation by the Fire
Department, simultaneous construction of infrastructure
to be dedicated to the public and private construction
may be permitted only within a defined portion of the site.
(3) Approval of the final engineering design, including
location and grade, for the infrastructure project must be
obtained from the Engineering Department, and the
Montana Department of Environmental Quality when
applicable, prior to issuance of any building permit for the
development.
(4) No occupancy, either temporary or final, may be issued
until all onsite and offsite water and sewer improvements
are installed and accepted by the City.
D. Exception. When municipal water distribution and municipal sanitary sewer
collection systems and city streets are being provided to serve a development
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proposal occurring under the provisions of Chapter 18.36, 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:
1. The subject property shall be developed under the provisions of Chapter
18.36;
2. The subdivider or other developer must enter into an improvements
agreement to assure the installation of required infrastructure and other
applicable improvements, 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;
3. Approval of the final engineering design, including location and grade, for
the infrastructure project must be obtained from the Engineering
Department, and the Montana Department of Environmental Quality when
applicable, prior to issuance of any building permit for the development;
4. 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;
5. 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 forty-five days prior notice to the City. The
subdivider shall furnish evidence, satisfactory to the City, of all such
policies and the effective dates thereof;
6. The subdivider recognizes, acknowledges, and assumes the increased risk
of loss because certain public services do not exist at the site;
7. The subdivider shall enter into an agreement with the City which provides
for predetermined infrastructure funding options;
8. 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, inspected, and
accepted by the City, and a certificate of occupancy has been issued;
a. No occupancy of structures or commencement of any use shall
occur when such action would constitute a safety hazard in the
opinion of the City;
9. 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;
10. 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;
11. 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; and
12. The development shall be under the control of a single developer and all
work shall be under the supervision of a single general contractor.
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E. Notwithstanding the provisions of Section D above, the City may limit the scope,
type, and number of projects eligible for simultaneous construction consideration.
(Ord. 1645 S 1, 2005)
18.74.040 Special Provisions for Timing of Certain Improvements
A. Park, Pathway, and Boulevard Improvements
1. These required improvements shall be installed or subject to an approved
improvements agreement and financially guaranteed, prior to final plat
approval or occupancy of a building subject to development review,
excluding sketch plans.
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. (Ord. 1645 S 1,
2005)
18.74.050 Acceptance of Improvements
A. Improvements Dedicated to the Public
1. 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.
2. Acceptance of Water, Sewer, and Storm Drainage Improvements. Before
any public water, sewer, or storm drainage improvement, whether new or
existing, can be accepted into the city system by the City of Bozeman, it
shall be built to meet or exceed the required standards. Any improvement,
within the City or County, shall meet or exceed standards set by the City
of Bozeman, Montana Department of Environmental Quality, and County
Road Office, and must be reviewed and approved by the City of Bozeman
and the County Road Office, as applicable.
3. As-Built Record Drawings. As-built record drawings of all public
infrastructure improvements constructed within the City of Bozeman, drawn
to the specifications required by the Engineering Department, shall be
submitted prior to final plat approval, per S 8.94.3003 (3.g), ARM, or other
relevant final benchmark for site development.
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4. The City may require verification that all liens have been released and
payments made prior to accepting dedication of improvements.
B. Private Improvements. The DRC and/or ADR or their representative shall conduct
an "as-built" inspection to verify compliance and shall sign off on a certificate of
occupancy, final plat, or other conclusionary action if all terms and details of the
approval are complied with. Except as provided for in S 18.74.060 of this chapter,
no final plat approval or occupancy shall be permitted or certificate of occupancy
issued unless the terms and details of an approved plat, site, or sketch plan are
met. Prior to grant of occupancy, the developer shall certify the completion of the
improvements as required in S 18.7 4.030.A. (Ord. 1645 S 1, 2005)
18.74.060 Improvements Agreements
A. Required When
1. When occupancy of a development subject to zoning review will
commence prior to completion of all required site improvements, generally
excluding sketch plans; or
2. When a subdivision is to be granted final plat approval prior to the
completion of all required improvements, the applicant shall enter into an
improvements agreement with the City.
3. At the discretion of the Planning Director, certain projects receiving a
certificate of appropriateness may be required to enter into an
improvements agreement with the City at the time of final approval of the
certificate of appropriateness.
B. If an improvements agreement is used to guarantee the completion of required
improvements, including infrastructure, it may allow for the staged installation of
improvements in defined areas and in accordance with an approved time schedule.
At the City's discretion, the improvements in a prior increment may be required to
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.
1. 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, sewer, storm drainage infrastructure, and streets are
installed and accepted. 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, curbs, or gutters be waived. This requirement shall
generally not be modified for nonresidential developments. No building
permits will be issued for a subdivision within the city until all required
water, sewer, storm drainage, and street gravel courses are installed and
accepted unless otherwise provided for in development proposals
occurring under the provisions of Chapter 18.36, Planned Unit
Development (PUD), and pursuant to the criteria established in S
18.74.030.D.
C. Standards for Improvements Agreements
1. All Agreements. All improvements agreements shall meet the following
standards:
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a. The agreement and security shall be satisfactory to the City
Attorney as to form and manner of execution;
b. Detailed cost estimates and construction plans of all required
on-site and off-site improvements shall be made a part of the
agreement;
c. Provide for security in the amount equal to 150 percent of the
estimated cost of the improvements to be secured if the
agreement is to be activated;
d. The term for the security referenced in Section c above shall be
not less than the length of time of the improvements agreement;
e. The agreement shall provide for the City to claim the guarantee
by certifying that the developer is in default of the performance to
be secured;
1. 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 remaining uncompleted work and such that not more than
90 percent of the security is released prior to completion of all
improvements. The City may take into account the location and
scope of development phases in evaluating requests to reduce
the amount of a financial guarantee. The City may require
verification that all liens have been released and payments made
prior to releasing a portion of the security;
g. Shall provide for the City to require a replacement security in the
event the issuer of the security becomes insolvent, enters
receivership, or otherwise gives cause for the City to lack
confidence in the ability of the issuer to honor the security;
h. Shall permit the City in the event of default by the developer to
include in the costs to be recovered from the security those costs
resulting from the need to call in the security, including but not
limited to costs for the City Attorney's time; and
i. The financial security shall be placed in the keeping of the City
Treasurer.
2. Subdivisions. Improvements agreements for subdivisions shall meet the
following standards in addition to those listed in Subsection C.1 above:
a. The length of time of the agreement shall not exceed 1 year from
the date of final plat approval. The agreement shall stipulate the
time schedule the subdivider proposes for accomplishing the
required improvements;
b. The estimated cost of improvements shall be 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. The agreement shall stipulate which
type of security arrangements will be used;
c. Security for improvements for internal subdivision streets, water,
storm drainage, and sewer mains, shall be reduced only upon
recommendation of the City Engineer;
d. Security for improvements other than internal subdivision streets,
water, storm drainage, and sewer mains shall be reduced only
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upon recommendation of the City Engineer and approval by the
City Commission, upon request by the subdivider;
e. The improvements agreement shall be filed with the final plat;
and
f. The security provided shall be a financial security valid for
eighteen months.
3. Site Development. Improvements agreements for developments other
than subdivisions shall meet the following standards in addition to those
listed in Subsection C.1 above:
a. If occupancy of the structure or commencement of the use is to
occur prior to installation of the required improvements, the
installation of those improvements must be secured in
conformance with the requirements of this chapter;
b. The length of time of the agreement and method of security shall
not be less than twelve months;
c. All secured improvements must be completed by the developer
within nine months of occupancy or the security shall be forfeited
to the City for the purpose of installing or contracting for the
installation of the required improvements;
d. At the Planning Director's discretion, a developer may be
permitted to extend the manner of security, in general for a period
not to exceed 1 additional year. Factors such as, but not limited
to, progress of installation achieved to date and phasing of
projects may be considered;
e. The DRC and/or ADR shall determine which, if any, of the
required improvements must be installed prior to occupancy,
regardless of the use of a secured improvements agreement.
Such determination shall be based on a finding that unsafe or
hazardous conditions will be created or perpetuated without the
installation of certain improvements or that the property will have
an unacceptable adverse impact on adjoining properties until
such improvements are installed;
(1) Generally, items such as walkways and signage
necessary for ADA compliance, parking surfaces
adequate to meet the needs of the uses to be conducted
during the term of the improvements agreement, or
matters related to life safety are required to be installed
prior to any occupancy; and
f. When all provisions are met for occupancy of a facility or
commencement of a use prior to the installation of all
improvements, and adequate security has been provided in
accordance with the terms of an improvements agreement, the
building official may issue a temporary certificate of occupancy
which allows occupancy of the facility on a temporary basis for a
period not to exceed nine months. When all required
improvements are installed in compliance with all terms and
details of the site or sketch plan approval, the temporary
occupancy permit shall be withdrawn and a permanent certificate
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of occupancy shall be issued according to the provisions of this
chapter.
D. Notwithstanding the provisions of this section, the City may limit the scope, type,
and number of improvements eligible for being secured by an improvements
agreement and require installation prior to final plat approval, issuance of building
permits, occupancy, or other similar actions.
E. The Planning Director shall be responsible to sign improvements agreements on
behalf of the City.
F. When an improvements agreement is used to allow the filing of a final plat prior to
the completion of infrastructure, a notice of improvements agreement shall be
recorded along with the plat which indicates that certain infrastructure work is still
not complete and identifying that work. When the work has been completed and is
accepted by the City as complete, the City shall record a notice of completion
stating that the work that was the subject of the improvements agreement is
complete. (Ord. 1645 S 1, 2005)
18.74.070 Payment for Extension of Capital Facilities
The City of Bozeman may require a subdivider or other site developer to payor 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 mains, water supply mains, and
stormwater facilities for a subdivision. The costs must reasonably reflect the expected impacts
directly attributable to the subdivision. The City may not require a subdivider or other site
developer to payor guarantee payment for part or all of the costs of constructing or extending
capital facilities related to education. (Ord. 1645 S 1,2005)
18.74.080 Types of Acceptable Securities
A. Financial Securities. A variety of means of providing for the security of
improvements agreements, ensuring adequate maintenance of required
improvements and ensuring compliance with conditions of approval for various
developments may be allowed. One or more of the following instruments may be
used to provide a financial security for improvements to be completed. The method,
terms and amount of security must be acceptable to the City. Financial security is
the primary method to proVide security for installation of physical improvements.
1. Direct payment of cash to the City;
2. Irrevocable letters of credit;
3. Cash escrows held by the City or held by an approved escrow agent and
subject to an executed escrow agreement; or
4. Performance bonds, in limited circumstances and subject to approval by
the City Attorney.
S. Nonfinancial Securities. In addition to the possible financial securities listed above,
the following nonfinancial securities may be used to ensure compliance with
conditions of approval, ensure maintenance of required improvements, and
coordinate timing of development. When deemed appropriate, the City may use
nonfinancial security methods in combination with a financial security method.
1. Granting of final permits;
2. Sequential approval of multi-phased projects, with subsequent phases to
not receive approval until prior approved phases have complied with all
requirements;
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3. Formation of a special improvement or maintenance district. This method
shall not be considered completed until after all final actions have occurred
and the district is in existence and the bonds sold;
4. Establishment of a property owners association with city enforceable duties
to maintain certain improvements;
5. Irrevocable offer of dedication of improvements to be dedicated to the
public after completion of the project; and
6. Recording of a special restrictive covenant or deed restriction which may
only be released by written agreement of the City. (Ord. 1645 S 1, 2005)
18.74.090 Development or Maintenance of Common Areas and Facilities by Developer
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); and
5. Pathways.
B. Development. If common areas or facilities will be developed by the subdivider or
by a property owners 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. When 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. When landscaping in common areas is installed
by the subdivider, the subdivider shall warrant against defects in these
improvements for a period of two 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 Forestry
Department.
C. Maintenance. When common areas or facilities will be maintained by the subdivider
or by a property owners association, a maintenance plan that complies with S
18.72.040 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. The
developer shall provide all necessary maintenance until the improvements are
transferred to the City, a property owners association, or other final custodian. The
provisions of S18.72.040.B apply to this section.
1. Landscaping Warranty. Any required or proposed landscaping must be
maintained in a healthy, growing condition at all times. Any plant that dies
must be replaced with another living plant that complies with the approved
landscape plan.
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2. Shade Tree Maintenance. The Forestry Department shall be responsible
for the maintenance of shade trees in all city rights-of-way and on city
property, including parks. (Ord. 1645 S 1, 2005)
18.74.100 Warranty
All publicly dedicated improvements shall be subject to a warranty of duration and scope to
meet the City of Bozeman's Design Standards and Specifications Manual. (Ord. 1645 S 1,2005)
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