HomeMy WebLinkAboutChapter_78 Submittal Materials and Requirements
Title 18
Chapter 78
SUBMITTAL MATERIALS AND REQUIREMENTS
Sections:
18.78.010 General
18.78.020 Streambed, Streambank, and/or Wetlands Permits
18.78.030 Subdivision Pre-application Plan
18.78.040 Subdivision Preliminary Plat
18.78.050 Preliminary Plat Supplements Required for All Subdivisions
18.78.060 Additional Subdivision Preliminary Plat Supplements
18.78.070 Final Plat
18.78.080 Site Plan Submittal Requirements
18.78.090 Certificate of Appropriateness - Additional Application Requirements, Review
Procedures, and Review Criteria
18.78.100 Submittal Requirements for Landscape Plans
18.78.110 Sketch Plan Submittal Requirements
18.78.120 Planned Unit Development Submittal Requirements
18.78.130 Submittal Materials for Regulated Activities in Wetlands
18.78.140 Submittal Materials for Appeals of Administrative Project Decisions
18.78.150 Administrative Interpretation Appeals
18.78.160 Submittal Materials for Variances
18.78.170 Submittal Materials for Telecommunications
18.78.010 General
All applications and supplemental material, including all copies of plats and site development
plans, shall be bound and folded into complete 8% x 11-inch or 8% x 14-inch sets ready for
distribution. All plats shall be on one or more sheets either 18 x 24-inches or 24 x 36-inches in
size and shall be folded and included in the bound submittal. (Ord. 1645 ~ 1, 2005)
18.78.020 Streambed, Stream bank, and/or Wetlands Permits
The developer 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 (31 0 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;
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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 U.S. Army
Corps of Engineers;
G. Short-term Water Quality Standard for Turbidity (318 Authorization). 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 Authorization).
Administered by the Water Rights Bureau, Montana Department of Natural
Resources and Conservation. (Ord. 1645 ~ 1, 2005)
18.78.030 Subdivision Pre-application Plan
The pre-application plan may be a freehand 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 names 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, powerlines
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 f1oodway, marsh areas, wetlands,
rock outcrops, wooded areas, noxious weeds, and areas of active faults.
Include copies of any permits listed in ~ 18.78.020 that have been obtained
for the project.
C. Utilities. The existing and proposed utilities located on and adjacent to the
proposed subdivision 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.
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D. Subdivision Layout. The proposed layout of the subdivision showing the
approximate:
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-household residences.
E. Development Plan. An overall development plan indicating future development of
the remainder 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 developers, and
date of preparation.
H. Variances. A list of variance requests which will be submitted with the application
for preliminary plat application.
I. Waivers. List of waivers requested from the requirements of ~ 18.78.060 shall be
submitted with the preapplication. The DRC shall be responsible for granting
waivers, and the Planning Department staff shall notify the developer in writing of
any waivers granted from ~ 18.78.060 after the preapplication meeting or plan
review.
J. Parks and Recreation Facilities. The following information shall be provided for all
land proposed to meet parkland dedication requirements:
1. Park concept plan, including:
a. Site plan for the entire property;
b. The zoning and ownership for adjacent properties;
c. The location of any critical lands (wetlands, riparian areas,
streams, etc.);
d. General description of land, including size, terrain, details of
location and history, and proposed activities; and
e. Description of trails or other recreational features proposed to
connect the proposed park area to other park or open space
areas. (Ord. 1645 ~ 1, 2005)
18.78.040 Subdivision 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-inch or 24 x 36Minch 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 preMapplication plan,
as outlined in ~ 18.78.030;
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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-household;
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 streets;
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;
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. 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;
I. Contours. Ground contours shall be provided for the tract according to the following
requirements:
Table 78-1
Where the average slope is: Contour intervals shall be:
Under 10 percent 2 feet (if all lots are over one acre in size, five feet intervals may be used)
Between 10 and 15 percent 5 feet
Greater than 15 percent 1 0 feet
J. Waivers. List of waivers granted from the requirements of ~ 18.78.070 during the
preapplication process shall be submitted with the preliminary plat application;
K. Request for Exemption from Department of Environmental Quality Review. If the
developer 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 developer'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 stormwater
infrastructure that will be completed prior to final plat approval. A detailed
preliminary stormwater drainage plan must also be submitted with the written
request. (Ord. 1645 ~ 1, 2005)
18.78.050 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 an 8%" x 11", 8%" x 14", or 11" x 17"
sheet.
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C. Variances. A written statement describing any requested subdivision variance(s)
and the facts of hardship upon which the request is based (refer to Chapter 18.66).
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 set of labels for first minor subdivisions or
subdivisions eligible for summary review, and three sets of labels for all other
subdivisions.
E. Documents and Certificates. Draft copy of the following documents, and certificates
to be printed on or to 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 plat 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. Noxious weeds shall be
controlled in all developments as directed by the County Weed Control District
(district) in accordance with the Montana County Noxious Weed Control Act (~
7-22-21, MCA). The developer 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 district for control of noxious weeds shall be
submitted with the preliminary plat application. 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.
I. Sanitation Information. When the subdivision does not qualify for the certification
established in ~ 18.06.050, the subdivider shall provide the information regarding
sanitation set forth in ~ 76-3-622, MCA. (Ord. 1645 ~ 1, 2005)
18.78.060 Additional Subdivision Preliminary Plat Supplements
The following list of preliminary plat application supplements shall also be provided for all
subdivisions unless waived by the Development Review Committee during the pre-application
process. The developer 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 this title and the Montana Subdivision and
Platting Act. The need for additional information shall be determined during the pre-application
process.
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A. Surface Water
1. Mapping. 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 18.58, as appropriate.
4. Wetlands. If the subdivision contains wetlands, as defined in Chapter
18.80 of this title, then a delineation of the wetland(s) shall be shown on
the preliminary and final plats.
5. Permits. Include copies of any permits listed in ~ 18.78.020 that have
been obtained for the project.
B. Floodplains. A floodplain analysis report shall be submitted with the preliminary plat
in compliance with Chapter 18.58 of this title.
C. Groundwater
1. Depth. Establish the seasonal minimum 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 County Environmental 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; landslides, mud, or snow; surface subsidence (Le.,
settling or sinking); or seismic activity.
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
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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 (NRCS). 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 five acres, and these soils reports were
intended to alert developers to possible problems and the need for a more
detailed on-site investigation. The developer 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 building and site development, and water
features for each soil type;
c. Hydric soils report for each soil type. If hydric soils are present,
the developer shall provide a wetlands investigation by a certified
consultant, using the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands (January, 1987); and
d. The developer 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 three 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, or
mixed forest;
b. Identify critical plant communities such as stream bank or
shoreline vegetation; vegetation on steep, unstable slopes; and
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).
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, or wetlands.
3. Pets/Human Activity. Describe the expected effects of pets and human
activity on wildlife.
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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 developer 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 developer shall provide written
documentation from FWP that:
a. Verifies that FWP has reviewed the proposed plat;
b. Lists any FW P recommendations; and
c. 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.
4. The developer 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 developer shall
provide written documentation from SHPO that:
a. Verifies that SHPO has reviewed the proposed plat;
b. Lists any SHPO recommendations;
c. Outlines any plans for inventory, study, and/or preservation; and
d. Describes any mitigation planned to overcome any adverse
impacts.
5. 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.
H. Agriculture
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 developer, and describe any measure which will be taken
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to ensure that the owners of the subdivision will share with the owner of the
agricultural lands in the continued maintenance of the fence.
I. 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 and Sewer. Provide an engineering design report and/or other
documentation demonstrating that adequate water distribution systems and
capacity, and sewage collection and disposal systems and capacity, exists to serve
the proposed subdivision.
K. Stormwater 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. Stormwater
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 storm water retention/detention basin, and discharge structure
details, basin sizing calculations, and a stormwater maintenance plan;
3. Any necessary stormwater easements.
L. Streets, Roads, and Alleys
1. Description. Describe any proposed new public or private streets, roads
or alley, or substantial improvements of existing public or private streets,
roads, or alleys. The developer 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 and how the
access complies with ~ 18.44.090
3. Modification of Existing Streets, Roads, or Alleys. Explain any proposed
closure or modification of existing streets, roads, or alleys.
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.
a. The report format shall be as follows:
(1) Trip generation, using the Institute of Transportation
Engineers Trip Generation Manual;
(2) Trip distribution;
(3) Traffic assignment;
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(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points,
modifications, and any mitigation techniques.
b. The report shall include the following information:
(1) Land use and trip generation in the form of 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;
(2) Traffic graphics, which show:
(a) a.m. peak hour site traffic;
(b) p.m. peak hour site traffic;
(c) a.m. peak hour total traffic;
(d) p.m. peak hour total traffic;
(e) Total daily traffic (with site generated traffic
shown separately).
(3) a.m. and p.m. capacity analysis with an a.m. and p.m.
peak hour capacity analysis provided for:
(a) All major drive accesses that intersect collector
or arterial streets or roads; and
(b) 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.
7. Capacity. 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, lanes, 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 developer shall submit a copy of the subdivision plat to all relevant
utility companies. With the preliminary plat, the developer 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;
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c. The developer 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-household;
b. Residential area, multiple-household. Types of multiple-
household structures and numbers of each (e.g., duplex,
four-plex);
c. Planned unit development (number of units);
d. Condominium (number of units);
e. Manufactured housing community (number of units);
1. Recreational vehicle park;
g. Commercial or industrial; and
h. Other (please describe).
P. Parks and Recreation Facilities. The following information shall be provided for all
land used to meet parkland dedication requirements:
1. Park 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, and 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.
c. Plan for garbage collection, snow removal, and leaf removal
including responsible parties.
3. Irrigation Information
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--....-- ..--.--.
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
including proposed financing methods and responsibilities.
O. 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. For subdivision applications where lighting is required or proposed, lighting
plans shall be submitted to the City for review and approval, and shall
include:
a. 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.
b. Description of the proposed equipment, including fixture
manufacturer's cutsheets, photometries, glare reduction devices,
lamps, on/off control devices, mounting heights, pole foundation
details, and mounting methods.
c. 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.
d. 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.
3. Post-approval alterations to lighting plans or intended substitutions for approved
lighting shall only be made after City of Bozeman review and approval.
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
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any provisions that will be made to mitigate these hazards. Also describe
anyon-site or off-site land uses creating a nuisance. (Ord. 1645 S 1,2005)
18.78.070 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 uniform standards for final
subdivision plats (~ 8.94.3003, ARM).
B. 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.
C. Noxious Weed MOU. Prior to final plat approval, a memorandum of understanding
shall be entered into by the Weed Control District and the developer. The
memorandum of understanding shall be signed by the district and the developer
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.
D. 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 final plat. The installation of any park improvements to meet minimum
development standards or conditions of approval shall comply with Chapter 18.74.
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 ~ 18.78.060.P of this
chapter.
E. Irrigation System As-Builts. The developer 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 is installed. The as-builts shall
include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains, and control box. (Ord. 1645 ~ 1 , 2005)
18.78.080 Site Plan Submittal Requirements
Applications for all site plan approvals shall be submitted to the Planning Department on
forms provided by the Planning Director. The site plan application shall be accompanied by the
appropriate fee and development plans showing sufficient information for the approval authority
to determine whether the proposed development will meet the development requirements of the
City.
A. General Information
XVIII-78 p13 10/2005
1. Complete, signed application including the following:
a. Name of project/development;
b. Location of project/development, by street address and legal
description;
c. Name and mailing address of developer and owner;
d. Name and mailing address of engineer/architect, landscape
architect, and/or planner;
e. Listing of specific land uses being proposed; and
f. A statement signed by the owner of the proposed development of
their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the
approval body.
2. Location map, including area within one-half mile of the site.
3. List of names and addresses of property owners according to Chapter
18.76.
4. 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.
B. Site Plan Information. The following information is required whenever the requested
information pertains to zoning or other regulatory requirements of this title, eXisting
conditions on-site or conditions on-site which would result from the proposed
development:
1. Boundary line of property with dimensions;
2. Date of plan preparation and changes;
3. North point indicator;
4. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet;
5. Parcel(s) and site coverage information:
a. Parcel size(s) in gross acres and square feet;
b. Estimated total floor area and estimated ratio of floor area to lot
size (floor area ratio, FAR), with a breakdown by land use; and
c. Location, percentage of parcel(s) and total site, and square
footage for the following:
(1) Existing and proposed buildings and structures;
(2) Driveway and parking;
(3) Open space and/or landscaped area, recreational use
areas, public and semipublic land, parks, school sites,
etc.; and
(4) Public street right-of-way;
6. Total number, type, and density per type of dwelling units, and total net and
gross residential density and density per residential parcel;
7. Location, identification, and dimension of the following existing and
proposed data, on-site and to a distance of 100 feet (200 feet for PUDs)
XVIII.78 p14 1 0/2005
outside site plan boundary, exclusive of public rights-of-way, unless
otherwise stated:
a. Topographic contours at a minimum interval of 2 feet or as
determined by the Planning Director;
b. Adjacent streets and street rights-of-way to a distance of 150 feet,
except for sites adjacent to major arterial streets where the
distances shall be 200 feet;
c. On-site streets and rights-of-way;
d. Ingress and egress points;
e. Traffic flow on-site;
1. Traffic flow off-site;
g. Utilities and utility rights-of-way or easements:
(1) Electric;
(2) Natural gas;
(3) Telephone, cable TV, and similar utilities;
(4) Water; and
(5) Sewer (sanitary, treated effluent and storm);
h. Surface water, including:
(1) Holding ponds, streams, and irrigation ditches;
(2) Watercourses, water bodies, and wetlands;
(3) Floodplains as designated on the Federal Insurance
Rate Map or that may otherwise be identified as lying
within a 1 OO-year floodplain through additional floodplain
delineation, engineering analysis, topographic survey, or
other objective and factual basis; and
(4) A floodplain analysis report in compliance with Chapter
18.58 of this title if not previously provided with
subdivision review;
i. Grading and drainage plan, including provisions for on-site
retention/detention and water quality improvement facilities as
required by the Engineering Department or in compliance with any
adopted storm drainage ordinance or best management practices
manual adopted by the City;
(1) All drainageways, streets, arroyos, dry gullies, diversion
ditches, spillways, reservoirs, etc., which may be
incorporated into the storm drainage system for the
property shall be designated:
(a) The name of the drainageway (where
appropriate) ;
(b) The downstream conditions (developed,
available drainageways, etc.); and
(c) Any downstream restrictions;
j. Significant rock outcroppings, slopes of greater than 15 percent
or other significant topographic features;
XVIII-78 p15 10/2005
k. Sidewalks, walkways, driveways, loading areas, and docks,
bikeways, including typical details and interrelationships with
vehicular circulation system, indicating proposed treatment of
points of conflict, a statement requiring lot accesses to be built to
the standard contained in this section, the City of Bozeman
Design Standards and Specifications Policy, and the City of
Bozeman Modifications to Montana Public Works Standard
Specifications;
I. Provision for handicapped accessibility, including but not limited
to, wheelchair ramps, parking spaces, handrails, and curb cuts,
including construction details and the applicant's certification of
ADA compliance;
m. Fences and walls, including typical details;
n. Exterior signs;
o. Exterior refuse collection areas, including typical details;
p. 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.
The materials required in ~ 18.78.060.R, if not previously
provided;
q. Curb, asphalt section, and drive approach construction details;
r. Landscaping (detailed plan showing plantings, equipment, and
other appropriate information as required in ~ 18.78.100);
s. Unique natural features, significant wildlife areas and vegetative
cover, including existing trees and shrubs having a diameter
greater than 2.5 inches, by species;
t. Snow storage areas;
u. Location of City limit boundaries, and boundaries of Gallatin
County's Bozeman Area Zoning Jurisdiction, within or near the
development;
v. Existing zoning within 200 feet of the site;
w. Historic, cultural, and archeological resources, describe and map
any designated historic structures or districts, and archeological
or cultural sites; and
x. Major public facilities, including schools, parks, trails, etc.;
8. Detailed plan of all parking facilities, including circulation aisles, access
drives, bicycle racks, compact spaces, handicapped spaces and
motorcycle parking, on-street parking, number of employee and
non~employee parking spaces, existing and proposed, and total square
footage of each;
9. The information required by ~ 18.78.060.L, unless such information was
previously provided through a subdivision review process or the provision
of such information was waived in writing by the City during subdivision
review of the land to be developed or the provision of such information is
waived in writing by the City prior to submittal of a preliminary site plan
application;
10. Building design information (on-site):
XVIII-78 p16 10/2005
a. Building heights and elevations of all exterior walls of the
building(s) or structure(s);
b. Height above mean sea level of the elevation of the lowest floor
and location of lot outfall when the structure is proposed to be
located in a f100dway or floodplain area; and
c. Floor plans depicting location and dimensions of all proposed
uses and activities;
11. Description and mapping of soils existing on the site, accompanied by
analysis as to the suitability of such soils for the intended construction and
proposed landscaping;
12. Temporary facilities plan showing the location of all temporary model
homes, sales offices, and/or construction facilities, including temporary
signs and parking facilities;
13. Unless already provided through a previous subdivision review, a noxious
weed control plan complying with ~ 18.78.050; and
14. Drafts of applicable supplementary documents as set forth in Chapter
18.72 of this title.
15. The information necessary to complete the determination of density
change and parkland provision required by ~ 18.50.020.B, unless such
information was previously determined by the City to be inapplicable and
written confirmation is provided to the applicant prior to submittal of a
preliminary site plan application. If a new park will be created by the
development the park plan materials of ~ 18.78.060.P shall be provided.
(Ord. 1645 ~ 1, 2005)
18.78.090 Certificates of Appropriateness - Additional Application Requirements,
Review Procedures, and Review Criteria
A. Submittal Requirements for Certificates of Appropriateness. All development
proposals requiring certificates of appropriateness (i.e. located in a neighborhood
conservation or entryway corridor overlay districts) shall submit the following
information in addition to any sketch plan, site plan, or special development
submittal requirements for the proposal:
1. Neighborhood Conservation Overlay District. Certain information shall be
provided to the appropriate review authority to review prior to granting or
denying a certificate of appropriateness. The extent of documentation to
be submitted on any project shall be dictated by the scope of the planned
alteration and the information reasonably necessary for the appropriate
review authority to make its determination. At a minimum, the following
items shall be included in the submission:
a. Completed application on form provided by the Planning
Department;
b. One current picture of each elevation of each structure planned
to be altered and such additional pictures of the specific elements
of the structure or property to be altered that will clearly express
the nature and extent of change planned. Except when otherwise
recommended, no more than eight pictures should be submitted
and all pictures shall be mounted on letter-size sheets and clearly
XVIII-78 p17 10/2005
annotated with the property address, elevation direction (N, S, E,
W) and relevant information;
c. Sketch plan or site plan information, as per ~~ 18.34.050 or
18.34.060;
d. Historical information, including available data such as pictures,
plans, authenticated verbal records, and similar research
documentation that may be relevant to the planned alteration;
e. Materials and color schemes to be used;
f. Plans, sketches, pictures, specifications, and other data that will
clearly express the applicant's proposed alterations;
g. A schedule of planned actions that will lead to the completed
alterations;
h. Such other information as may be suggested by the Planning
Department;
i. It is further suggested that the applicant seek comments from the
neighborhood or area; and
j. Description of any applicant-requested deviation(s) and a
narrative explanation as to how the requested deviation(s) will
encou rage restoration and rehabilitation activity that will contribute
to the overall historic character of the community.
2. Entryway Overlay District
a. Depending on the complexity of development, either sketch plans
or site plans will be required as specified in this chapter.
b. If the proposal includes an application for a deviation as outlined
in ~ 18.66.050, the application for deviation shall be accompanied
by written and graphic material sufficient to illustrate the
conditions that the modified standards will produce, so as to
enable the City Commission to make the determination that the
deviation will produce an environment, landscape quality, and
character superior to that produced by the existing standards, and
will be consistent with the intent and purpose of Chapter 18.30.
(Ord. 1645 ~ 1, 2005)
18.78.100 Submittal Requirements for Landscape Plans
A These landscape regulations apply to a lot or site subject to plan review and
approval outlined in Chapter 18.34, a separate landscape plan shall be submitted
as part of the site plan application unless the required landscape information can
be included in a clear and uncluttered manner on a site plan with a scale where 1
inch equals 20 feet.
B. Landscape Plan Format. The landscape plan submittal shall include:
1. Suggested scale of 1 inch equals 20 feet but not less than 1 inch equals
1 00 feet; and
2. Standard drawing sheet of a size not to exceed 24 x 36-inches. A plan
which cannot be drawn entirely on a 24 x 36~inch sheet must be drawn on
two or more sheets, with match lines.
C. Preparation of Landscape Plan. Landscape plans shall be prepared and certified
by:
XVIII-78 p18 10/2005
1. A registered Montana landscape architect;
2. An individual with a degree in landscape design and two years of
professional design experience in Montana; or
3. An individual with a degree in a related field (such as horticulture, botany,
plant science, etc.) and at least five years of professional landscape design
experience, of which two years have been in Montana.
D. Contents of Landscape Plan. A landscape plan required pursuant to this title shall
contain the following information:
1. Date, scale, north arrow, and the names, addresses, and telephone
numbers of both the property owner and the person preparing the plan;
2. Location of existing boundary lines and dimensions of the lot;
3. Approximate centerlines of existing watercourses, required watercourse
setbacks, and the location of any 100-year floodplain; the approximate
location of significant drainage features; and the location and size of
existing and proposed streets and alleys, utility easements, utility lines,
driveways, and sidewalks on the lot and/or adjacent to the lot.
4. Project name, street address, and lot and block description;
5. Location, height, and material of proposed screening and fencing (with
berms to be delineated by one foot contours);
6. Locations and dimensions of proposed landscape buffer strips, including
watercourse buffer strips;
7. Complete landscape legend providing a description of plant materials
shown on the plan, including typical symbols, names (common and
botanical name), locations, quantities, container, or caliper sizes at
installation, heights, spread, and spacing. The location and type of all
existing trees on the lot over 6 inches in caliper must be specifically
indicated;
8. Complete illustration of landscaping and screening to be provided in or
near off-street parking and loading areas, including information as to the
amount (in square feet) of landscape area to be provided internal to
parking areas and the number and location of required off-street parking
and loading spaces;
9. An indication of how existing healthy trees (if any) are to be retained and
protected from damage during construction;
10. Size, height, location, and material of proposed seating, lighting, planters,
sculptures, and water features;
11. A description of proposed watering methods;
12. Location of street vision triangles on the lot (if applicable);
13. Tabulation of "points" earned by the plan (see ~ 18.48.060 of this title);
14. Designated snow removal storage areas;
15. Location of pavement, curbs, sidewalks, and gutters;
16. Show location of existing and/or proposed drainage facilities which are to
be used for drainage control;
17. Existing and proposed grade;
18. Size of plantings at the time of installation and at maturity;
19. Areas to be irrigated;
20. Planting plan for watercourse buffers, per ~ 18.42.100, if not previously
provided through subdivision review; and
XVIII-78 p19 10/2005
21. Front and side elevations of buildings, fences, and walls with height
dimensions if not otherwise provided by the application. Show open
stairways and other projections from exterior building walls. (Ord. 1645 S
1, 2005)
18.78.110 Sketch Plan Submittal Requirements
A sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with
the requirements of this title. Sketch plans shall be oriented with north at the top of the page and
shall also show site boundaries, street, and alley frontages with names and location of all
structures with distances to the nearest foot between buildings and from buildings to property
lines. (Ord. 1645 ~ 1, 2005)
18.78.120 Planned Unit Development Submittal Requirements
The following material shall be submitted for review with each planned unit development.
A. Submittal Requirements for Pre-applications. The following information and data
shall be submitted for pre-application review. The number of copies required shall
be determined by the Planning Department:
1. Data regarding site conditions, land characteristics, available community
facilities and utilities, and other related general information about adjacent
land uses and the uses of land within one-half mile of the subject parcel of
land;
2. Conceptual (sketch) drawing showing the proposed location of the uses of land,
major streets, and other significant features on the site and within one-half mile
of the site; and
3. A computation table showing the site's proposed land use allocations by
location and as a percent of total site area.
B. Submittal Requirements for Preliminary Plans. The following information and data
shall be submitted for preliminary plan review. The number of copies required shall
be determined by the Planning Department:
1. Document Requirements. The following information shall be presented in
an 8% x 11-inch vertically bound document. The document shall be bound
so that it will open and lie flat for reviewing and organized in the following
order:
a. Application forms;
b. A list of names of all general and limited partners and/or officers
and directors of the corporation involved as either applicants or
owners of the planned unit development;
c. A statement of planning objectives, including:
(1) Statement of applicable city land use policies and
objectives achieved by the proposed plan and how it
furthers the implementation of the Bozeman growth
policy;
(2) Statement of:
(a) Proposed ownership of open space areas; and
XVIII-78 p20 10/2005
(b) Applicant's intentions with regard to future
ownership of all or portions of the planned unit
development;
(3) Estimate of number of employees for business,
commercial, and industrial uses;
(4) Description of rationale behind the assumptions and
choices made by the applicant;
(5) Where deviations from the requirements of this title are
proposed, the applicant shall submit evidence of
successful completion of the applicable community
design objectives and criteria of ~ 18.36.090. The
applicant shall submit written explanation for each of the
applicable objectives or criteria as to how the plan does
or does not address the objective or criterion. The
Planning Director may require, or the applicant may
choose to submit, evidence that is beyond what is
required in that section. Any element of the proposal
that varies from the criterion shall be described;
(6) Detailed description of how conflicts between land uses
of different character are being avoided or mitigated; and
(7) Statement of design methods to reduce energy
consumption, (e.g., home/business utilities,
transportation fuel, waste recycling);
d. A development schedule indicating the approximate date when
construction of the planned unit development, or stages of the
same, can be expected to begin and be completed, including the
proposed phasing of construction of public improvements and
recreational and common space areas;
e. One reduced version of all preliminary plan and supplemental
plan maps and graphic illustrations at 8% x 11-inches or 11 x
17-inches size.
2. Site Plan Requirements. A site plan of the proposed development drawn
at a scale of not less than 1 inch equals 1 00 feet, composed of one or
more sheets with an outer dimension of 24 x 36-inches, showing the
information required for site plans in ~ 18.78.080 plus the following
additional information:
a. Notations of proposed ownership, public or private, should be
included where appropriate;
b. The proposed treatment of the perimeter of the planned unit
development, including materials and techniques used, such as
screening, fences, walls, and other landscaping; and
c. Attorney's or owner's certification of ownership.
3. Supplemental Plan Requirements
a. Viewsheds
(1) Looking onto and across the site from areas around the
site, describe and map the views and vistas from
XVIII-78 p21 10/2005
adjacent properties that may be blocked or impaired by
development of the site;
(2) Describe and map areas of high visibility on the site as
seen from adjacent offpsite locations;
b. Street Cross Sections if Different From City Standards. Street
cross-section schematics shall be submitted for each general
category of street, including:
(1) The proposed width;
(2) Treatment of curbs and gutters, or other storm water
control system if other than curb and gutter is proposed;
(3) Sidewalk systems; and
(4) Bikeway systems, where alternatives to the design
criteria and standards of the city are proposed;
c. Physiographic data, including the following:
(1) A description of the hydrologic conditions of the site with
analysis of water table fluctuation and a statement of site
suitability for intended construction and proposed
landscaping. The description of the hydrologic
conditions shall include depth to groundwater
measurements taken May 15th through September 15th;
(a) An alternative to the actual measurement of
water table depth may be offered provided that
such alternative includes a detailed soil profile,
including a detailed description of the soil which
follows The National Cooperative Soil Survey
Field Book for describing soils and which
provides good and sufficient evidence to
establish the presence and depth of a seasonal
water table, a land form position or location, or
other physiographic data which are sufficient to
establish the minimum depth to groundwater.
Some soils are not easily profiled to establish
an off-season high water table, such as those
underlain by sand or gravel, those high in
organic matter, and those with a high lime
content. Physical monitoring of these types of
soils may be necessary;
(2) Locate and identify the ownership of eXisting wells or
well sites within 400 feet of the site;
d. Preliminary Subdivision Plat. If the project involves or requires
platting, a preliminary subdivision plat, subject to the requirements
of this title relative to subdivisions, shall be submitted;
e. Traffic Impact Analysis. Not withstanding the waiver provisions of
~ 18.78.080.B.9, at the discretion of the City Engineer, a traffic
impact analysis shall be prepared based upon the proposed
development. The analysis shall include provisions of the
approved development guidelines and shall address impacts
XVIII-78 p22 10/2005
upon surrounding land uses. The Director of Public Service may
require the traffic impact analysis to include the information in ~
18.78.050.L. If a traffic impact analysis has been submitted as
part of a concurrent subdivision review, that analysis shall meet
this requirement;
1. Additional Studies and Plans. If the development's compliance
with the community design objectives and criteria is under
question, the City Commission may require additional impact
studies or other plans as deemed necessary for providing
thorough consideration of the proposed planned unit
development;
g. A proposed draft of a legal instrument containing the creation of
a property owner's association sufficient to meet the requirements
of ~ 18.72.020 shall be submitted with the preliminary plan
application.
C. Submittal Requirements for Final Plans
1. A completed and signed application form;
2. A list of names of all general and limited partners and/or officers and
directors of the corporation involved as either applicants or owners of the
planned unit development;
3. Site Plan Submittal Requirements.
a. A final plan site plan shall be submitted on a 24 x 36-inch sheet(s)
at the same scale as the approved preliminary plan. If a different
scale is requested or required, a copy of the approved preliminary
plan shall be submitted that has been enlarged or reduced to
equal the scale of the final plan. However, only the scales
permitted for the preliminary plans shall be permitted for final
plans.
b. The final plan site plan shall show the following information:
(1) Land use data (same information as required on the
preliminary site plan);
(2) Lot lines, easements, public rights-of-way as per
subdivision plat;
(3) Attorney's or owner's certification of ownership;
(4) Planning Director certification of approval of the site plan
and its conformance with the preliminary plan; and
(5) Owner's certification of acceptance of conditions and
restrictions as set forth on the site plan;
4. Supplemental Plans
a. Final Landscape Plan. A final landscape plan consistent with the
conditions and restrictions of the approved preliminary plan shall
be submitted. It shall also be consistent with the Chapter 18.48
except that any stated conditions and restrictions of the
preliminary plan approval shall supersede the provisions of
Chapter 18.48;
b. Final Subdivision Plat. An official final subdivision plat of the site
must accompany the final planned unit development plan when
XVIII-78 p23 10/2005
applicable. City approval of the final subdivision plat shall be
required before issuance of building permits;
c. Final Utility Plans. Prior to submission of the final plan to the DRC
and ADR staff, engineering plans and specifications for sewer,
water, street improvements and other public improvements, and
an executed improvements agreement in proper form providing
for the installation of such improvements, must be submitted to
and approved by the City; and
d. Open Space Maintenance Plan. A plan for the maintenance of
open space, meeting the requirements of ~ 18.72.040 shall be
submitted with an application for final plan approval. Open space
shown on the approved final plan shall not be used for the
construction of any structures not shown on the final plan. (Ord.
1645 ~ 1 , 2005)
18.78.130 Submittal Materials for Regulated Activities in Wetlands
The following information shall be submitted for all regulated activities proposed for regulated
wetland areas:
A. A description of the proposed activity;
B. A description of why avoidance and less damaging alternatives have been rejected,
if applicable;
C. A site plan which shows the delineated wetland boundary, the property boundary,
and all existing and proposed structures and roads, watercourses, and
drainageways on the property;
D. The exact locations and specifications for all proposed regulated activities, and the
direct and indirect impact of such activities;
E. The source, type, and method of transport and disposal of any fill material to be
used and certification that the placement of fill material will not violate any
applicable state or federal statutes and regulations;
F. The names and addresses of all property owners within 200 feet of the subject
property. The names and addresses shall also be provided on self-adhesive
mailing labels;
G. Copies of any Section 404 wetland permits already obtained for the site; and
H. A completed wetland review application supplement. (Ord. 1645 ~ 1, 2005)
18.78.140 Submittal Materials for Appeals of Administrative Project Decisions
All appeals of Administrative Project Decisions shall include:
A. Name and address of the appellant;
B. The legal description and street address of the property involved in the appeal;
C. A description of the project that is the subject of the appeal;
D. Evidence that the appellant is an aggrieved person as defined in Chapter 18.80;
E. List of names and addresses of property owners within 150 feet of the site, using
the last declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of above property owners;
G. Required appeal filing fee; and
H. The specific grounds and allegations for the appeal and evidence necessary to
support and justify a decision other than as determined by the Planning Director.
(Ord. 1645 ~ 1,2005)
XVIII-78 p24 10/2005
18.78.150 Administrative Interpretation Appeals
All appeals of administrative interpretations shall include:
A. Name and address of the applicant;
B. The legal description and street address of the property, if any, involved in the
appeal;
C. A description of the property, if any, that is the subject of the interpretation appeal
including:
1. A site plan drawn to scale showing the property dimensions, grading,
landscaping, and location of utilities, as applicable;
2. Location of all existing and proposed buildings; and
3. Drive accesses, driveways, access roads, parking spaces, off-street
loading areas, and sidewalks as applicable;
D. The names and addresses of the owners of the property and any other persons
having a legal interest therein;
E. List of names and addresses of property owners within 150 feet of the site, using
the last declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of the above property owners;
G. Required filing fee; and
H. Evidence to prove that the decision or action of the official for which an appeal is
made was incorrect or in violation of the terms of this title. (Ord. 1645 ~ 1, 2005)
18.78.160 Submittal Materials for Variances
An application for a variance shall be accompanied by a development plan showing such
information as the Planning Director may reasonably require for purposes of this title. The plans
shall contain sufficient information for the Commission to make a proper decision on the matter.
The request shall state the exceptional physical conditions and the peculiar and practical
difficulties claimed as a basis for a variance. In all cases, the application shall include, and shall
not be deemed filed until, all of the following is submitted:
A. Name and address of the applicant;
B. The legal description of the property involved in the request for variance, including
the street address, if any, of the property;
C. The names and addresses of the owners of the property and any other persons
having a legal interest therein;
D. List of names and addresses of property owners within 150 hundred feet of the site,
using the last declared county real estate tax records;
E. Stamped, unsealed envelopes addressed with names of above property owners;
F. A site plan drawn to scale showing the property dimensions, grading, landscaping,
and location of utilities, as applicable;
G. Location of all existing and proposed buildings;
H. Drive accesses, driveways, access roads, parking spaces, off-street loading areas,
and sidewalks as applicable;
I. A clear description of the variance requested and the reasons for the request;
J. Justification, in writing, of Subsections 1, 2, 3, and, when applicable, 4 of ~
18.66.060.C;
K. Evidence satisfactory to the City Commission of the ability and intention of the
applicant to proceed with actual construction work in accordance with said plans
within six months after issuance of permit; and
L. Required filing fee. (Ord. 1645 ~ 1, 2005)
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18.78.170 Submittal Materials for Telecommunications
The following information shall be submitted for review of wireless facilities as applicable.
Failure to provide required materials will result in a determination that the application is
incomplete and the application will not be processed.
A. Submittal Materials:
Table 78-2
Telecommunication Submittal Materials Micro- Small- Large-
scale scale scale
1. A detailed written description of how the applicant has complied with, or will X X X
comply with, the applicable standards of this title, especially those of this
2. An accurate photo simulation of the site with the proposed facility in place. The
simulation shall be to scale, and depict all planned and expected antennae,
including collocation of other carriers, on the facility. Landscaping which is not X X X
existing or proposed on the accompanying site plan shall not be included in the
simulation unless it exists on adjoining properties;
3. A statement of whether the proposed facility is exempt or non-exempt from
environmental review under the Rules of the FCC;
a. If the facility is claimed to be exempt, a detailed and specific citation to the
Rules of the FCC indicating the section which details the relevant exemption
provisions shall be included. If the facility is not exempt from environmental
review, a copy of the environmental review shall be provided with the
application, and the approval from the FCC for the site shall be provided to
the City of Bozeman prior to the final site plan approval; AND X X X
b. If the facility is claimed to be exempt from environmental review, a statement
shall be provided, under oath and notarized, that the proposed or existing
facility does or will comply with FCC radio frequency emission guidelines for
both general population/uncontrolled exposures and occupational/controlled
exposures as defined in the FCC rules. The provision of false information
shall result in the immediate revocation of permits or approvals granted upon
the basis of the false information and the cessation of operation of the
offending facilities;
4. When the applicant is a wireless service provider, proof that the applicant is
licensed by the FCC to provide the wireless communication services that the X X X
proposed facility is designed to support, or that licensing by the FCC is not
5. A report providing a description of the large scale wireless facility with technical X
reasons and justification for its design and placement;
6. A description of the maximum capacity of the large scale wireless facility as
proposed and how the facility can be retrofitted or modified to accommodate X
changing user needs;
7. Documentation establishing the structural integrity for the large scale wireless
facility's proposed use including documented loading calculations for wind,
snow and seismic forces under circumstances of maximum capacity loading X
prepared by a professional structural engineer licensed to practice in the State
of Montana. Loading criteria shall be those set forth in the edition of the
International Building Code most recently adopted by the City
8. A statement of how the collocation requirements of Section 18.54.040.B shall X
be met.
B. In addition to the materials required above, for all large scale wireless facilities 50
feet or greater in height, the applicant shall submit:
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1. Propagation studies forthe users of the proposed facility, including existing
service coverage maps and whether the placement of the new site will
require relocations of existing facilities, or a description of how and why the
proposed site and facility size is required to provide service that is
otherwise unavailable or substantially inadequate or is required for the
introduction of a new service;
2. A statement of intent of how co-location on the facility will be addressed;
3. A statement of willingness to allow co-location at reasonable and
customary rates by all technically feasible providers up to the structural
capacity of the tower;
4. An inventory of all surrounding buildings or other structures greater than 50
feet in height within a radius of one mile of the proposed location with a
listing of height and suitability for hosting the proposed users of the large
scale wireless facility;
5. An applicant shall demonstrate in writing that there are no available
openings on existing facilities which are feasible and that a new structure
is necessary. Such demonstration shall address the criteria in ~
18.54.040.B;
6. A detailed explanation of how the large scale wireless facility will be
maintained and how the maintenance and operations of the large scale
wireless facility will be transferred to a third party should the applicant no
longer retain ownership. Unless otherwise approved by the City, the
responsibility of maintenance and operations shall transfer to the owner of
the underlying property;
7. An explanation of how the applicant will provide a financial security for the
removal of the large scale wireless facility in the event that it no longer
serves telecommunications carriers. The financial guarantee shall be 150
percent of the estimated cost of facility removal and must be acceptable
to the City; and
8. A large scale wireless facility may be reviewed as a multiple phase project
and be constructed over time as provided for in ~ 18.54.040.B. An
applicant intending to construct a new large scale wireless facility shall
provide letters of intent adequate to meet the requirements for leases set
forth in ~ 18.54.040.8. (Ord. 1645 ~ 1, 2005)
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