HomeMy WebLinkAbout20- Ordinance 2043 Amending Section 38.410.130 of the Bozeman Municipal Code to Revise Water Adequacy RequirementsPage 1 of 7
ORDINANCE 2043
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 38.410.130 OF THE BOZEMAN MUNICIPAL CODE
TO REVISE WATER ADEQUACY REQUIREMENTS AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Bozeman (the “city”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Sections 76-2-304 and 76-3-102, MCA; and
WHEREAS, Sections 76-2-304 and 76-3-102, MCA identify provision of adequate water
supply as a purpose for municipal zoning and subdivision regulations; and
WHEREAS, it is in the interests of the city and public welfare to ensure that provision of
water is done in a manner that is timely and proportionate to demand for services; and
WHEREAS, the city has identified water conservation as an important element of meeting
future water needs and the city’s land use regulations need to be revised to facilitate conservation
and recognize the influence of conservation on reducing water demand from development.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
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Ordinance 2043, Amending 38.410.130 of the Bozeman Municipal Code for Water Adequacy
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Section 1
That Section 38.410.130 of the Bozeman Municipal Code be amended as follows:
Sec. 38.410.130. - Water rights.
A. Prior to a final approval of all development reviewed as a site plan, conditional use
permit, planned unit development, or subdivision and prior to an annexation of any land,
one of the following must occur:
1. Payment must be made to the city of a payment-in-lieu of water rights,
calculated based on the annual demand for volume of water the development
will require multiplied by the most current annual unit price; or
2. The city may elect to accept a transfer to the city of ownership of water rights if
the water rights proposed to be transferred are legally and physically adequate as
determined by the city to provide the annual volume of water the development
will require. A transfer of ownership of water rights must be in a form and
manner suitable for municipal purposes and as approved by the review authority.
3. In addition to but notwithstanding the above, a development may propose the
installation of non-potable water systems for irrigation or other approved uses.
The installation of a non-potable water system may result in a reduction in the
payment required under subsection A.1 or amount of water rights under
subsection A.2. To receive credit against the water demand calculation, the
development must meet all physical requirements for such systems as
established by the city and must comply with all applicable administrative
requirements.
B. If adequate water rights were transferred or a payment-in-lieu was previously provided
to the city for the subject property, evidence of those rights or payment-in-lieu may be
offered to demonstrate compliance with this section. If the expected demand for water
by the proposed development increases by more than one acre-foot over that for which
water rights or payment-in-lieu of water rights were previously provided, additional
water rights or payment-in-lieu of water rights pursuant to subsection A equal to the
difference between the previously provided water rights or payment-in-lieu and the
estimated current demand or payment-in-lieu price must be provided.
C. Provision of water rights or payment-in-lieu may be deferred:
1. By phase for phased developments.
2. For annexations of vacant land when the annexation is in excess of ten acres.
3. For annexation of parcels of ten acres or less, or for any size parcel if
development exists on the area being annexed prior to the annexation and
provision of water rights or payment-in-lieu pursuant to subsection A is provided
at the time of annexation for the uses present on the site at the time of
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annexation. Subsequent development is subject to the provisions of subsection
A.
4. For additional development beyond one dwelling unit per lot for lots zoned
residential within a subdivision if water rights or payment-in-lieu is provided
pursuant to subsection A prior to final plat for at least one residential unit on that
lot. Additional development requires compliance with this section. A notice of
restriction on future development in a form acceptable to the city must be
recorded with the Gallatin County Clerk and Recorder prior to the city granting a
waiver under this section.
5. For commercial, industrial and institutional uses, until final site plan approval or
the issuance of any building permit, whichever occurs first.
D. The city manager must adopt administrative procedures to implement this section. The
director of public works must adopt standards for the calculation of demand for water
use. The unit cost for payment-in-lieu must be established by commission resolution.
The administrative procedures must include but need not be limited to standards
governing acceptance of water right transfers, and a means to establish credits against
the transfer of excess rights. The standards governing acceptance of water right transfers
may enable a deferral of payment-in-lieu, provided that the party obligated for the
payment-in-lieu executes a fee deferral agreement and related documents as approved by
the city attorney to be recorded at the Gallatin County Clerk and Recorder's office
securing the amount due.
E. The amount paid for a payment-in-lieu must be calculated using the per unit price in
effect on the date the payment-in-lieu of water rights is to be made to the city. The
director of public works must make proper distribution to the funds for which such
payments are made of all money collected.
Sec. 38.410.130. - Water adequacy.
A. Subject to subsections B and C, prior to final approval by the review authority of development
occurring under this chapter or chapter 10, the applicant must offset the entire estimated
increase in annual municipal water demand attributable to the development pursuant to
subsection D.
B. Compliance with this section is triggered if the estimated increase in annual municipal water
demand attributable to the development exceeds 0.25 acre-feet after accounting for the
following items as they relate to the development:
1. Current average annual municipal metered water demand;
2. Water demand offsets from a prior payment of cash-in-lieu of water rights;
3. Water demand offsets from a prior transfer of water rights into city ownership, and;
4. Water demand offsets from an existing water adequacy agreement or similarly purposed
document.
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C. Compliance with this section is deferred for the following developments until the occurrence
of future development if the applicant records a notice of restriction on future development in
a form acceptable to the review authority with the Gallatin County Clerk and Recorder:
1. An annexation that expressly defers this section under an annexation agreement;
2. Individual lots of a subdivision final plat planned for future multiple-household
development;
3. Individual lots of a subdivision final plat planned for future commercial, industrial, or
institutional development, or;
4. Future phases of a phased site development.
D. The city will determine the estimated increase in annual municipal water demand attributable
to the development. The applicant must offset the estimated increase in annual municipal water
demand attributable to the development through one or more of the following means:
1. Transfer of water rights into city ownership that are appurtenant to the land being
developed, or other water rights that may be available for transfer, that the city determines
to be useful.
2. Implementation of onsite and/or offsite water efficiency and conservation measures that
reduce the estimated annual municipal water demand attributable to the development by
one or more of the following methods:
a. Installation of high efficiency indoor water using fixtures, appliances, and products
that are more water efficient than city-adopted plumbing codes or state or federal
minimum standards.
b. Installation of unirrigated, or minimally irrigated, drought resistant or drought
tolerant landscaping that exceeds the minimum requirements of division 38.550 of
this chapter.
c. Installation of high efficiency or water conserving irrigation componentry that
exceeds the minimum requirements of division 38.550 of this chapter.
d. Installation of non-potable water supply systems for landscaping irrigation
purposes.
e. Other water efficiency and conservation methods brought forward as part of the
development by the applicant that the review authority may at its discretion
approve.
3. Payment to the city of cash-in-lieu of water rights for that portion of the estimated annual
municipal water demand attributable to the development that is not offset under
subsections D.1 and D.2.
E. The unit cost for payment of cash-in-lieu of water rights will be established by city commission
resolution. The cash-in-lieu of water rights payment amount provided by the applicant under
subsection D.3 must be calculated using the unit cost effective on the date the payment is made
to the city. The director of public works must deposit all payments received under this section,
upon receipt, in the cash-in-lieu of water rights fund.
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F. The city manager may adopt, and from time to time amend, administrative procedures to
implement this section. The administrative procedures may at a minimum include the
following items:
1. Standards established by the director of public works to determine the estimated increase
in annual municipal water demand attributable to development.
2. Standards established by the director of public works to determine water demand offset
amounts for implementation of water efficiency and conservation measures and water
rights transferred into city ownership
3. Standards governing acceptance of water rights transferred into city ownership.
4. Standards to establish and govern the use of water demand offsets credits for that portion
of demand offsets provided by an applicant that are in excess of the estimated increase in
annual municipal water demand attributable to the development.
5. A process that provides for administrative appeals of determinations made by the review
authority under this section.
6. Specific criteria that if met may authorize the review authority to waive this section.
7. Standards governing acceptance of water right transfers and establishing water demand
offset credits may enable a deferral of payment of cash-in-lieu of water rights provided that
the applicant records with the Gallatin County Clerk and Recorder an executed water
adequacy agreement and related documents as approved by the city attorney securing the
amount due.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 4
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Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of August, 2020.
____________________________________
CHRIS MEHL
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
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FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a special session thereof held on the 18th of
August, 2020. The effective date of this ordinance is September 17, 2020.
_________________________________
CHRIS MEHL
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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