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HomeMy WebLinkAboutUDO-10-01-2005_WaterCourseSetbacks AMENDED TEXT Of THE UNIVIED DEVELOPMENT ORDINANCE (NSW • EFVECTIVE 10-1-05) r- B. Adequate fire fighting facilities shall be provided, including an adequate and accessible water supply and water distribution system. 1. National Fire Protection Association (NFPA) standards for hydrant systems shall be met. 2. City of Bozeman's requirements as contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. 18.42.100 WATERCOURSE SETBACK Where a development is crossed by or is adjacent to a watercourse, the developer shall mitigate the impacts of the development on the watercourse. This mitigation may not be less restrictive than the requirements of the Bozeman Floodplain Regulations or any other applicable regulation of this title. The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control. A. Setback for Developments Granted Preliminary Plan or Plat Approval Prior to July 10, 2002. These provisions shall apply to all developments granted preliminary plan or plat approval prior to July 10,2002,including applicable subdivision exemptions: 1. Setbacks. A minimum 100-foot setback shall be provided along both sides of the East Gallatin River. A minimum 35 foot setback shall be provided along both sides of all other watercourses. a. A portion of the required setback, immediately adjacent to the ordinary high water mark, shall be left in a natural vegetative state as follows: (1) East Gallatin River- 50 feet (2) Other Watercourses - 5 feet b. No fence, residential or commercial structure, fill materialparking or other similar improvements shall be located within required watercourse setbacks. e B. Setbacks for Developments Granted Preliminary Plan or Plat Approval On or After July 10 2002. These provisions shall apply to all developments granted preliminary plat or plan approval on or after July 10, 2002. 1. In the event a site with an existing development, that is subject to §18.42.100.A, BMC,is submitted to the City for a review subject to Chapters 18.34, 18.36 and 18.60, BMC after July 10, 2002, the proposed development shall comply with §18.42.100.B, BMC to the extent reasonably feasible given the existing site conditions. The final approval body for the proposed development shall determine the extent that is reasonably feasible, subject to any appeal provisions that may apply. Such administrative relief shall not reduce setbacks below those provided for in Section A. It is the intent of this subsection that full compliance with the terms of §18.42.100.B, BMC shall be achieved over time without unduly burdening existimg development. 2. In addition to any relaxation of watercourse setbacks provided by subsection 18.42.100.B.1 of this section, nothing in this section shall prohibit an owner of affected property from: a. Applying for a variance to dimensional standards of the watercourse setbacks as allowed by and subject to the requirements of Chapter 18.66, BMC; b. When applicable, seeking a deviation to dimensional standards of the watercourse setback as allowed by and subject to the requirements of Chapters 18.28, 18.30 or 18.36, BMC; 42-8 C. Combining two or more lots to assemble a larger and more usable parcel; FEd. Petitioning the Montana Department of Fish,Wildlife and Parks and the Gallatin County Water Conservation District to seek the reclassification of the relevant watercourse as an irrigation facility not subject to the requirements of this section; e. After receipt of required permits relocating the watercourse;or f. Pursuing any other lawful means of relief from the effects of this section. 3. Setbacks. Unless otherwise specified in §18.42.100.B.6, BMC, the following setback requirements shall be met: a. East Gallatin River. A minimum 100-foot setback shall be provided along both sides of the East Gallatin River. b. Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback shall be provided along both sides of Sourdough/Bozeman and Bridger Creeks. C. Other Watercourses. A minimum 50 foot setback shall be provided along both sides of all other watercourses. 4. Additional Requirements. a. The setback shall extend to the edge of any delineated 100-year floodplain if the floodplain is larger than the setbacks established in §18.42.100.B.3, BMC; b. The setback shall include adjacent wetlands. The buffer width shall be extended by the width of the wetland; C. Slopes 25 percent and over do not count towards the width of the setback; and d. Two feet shall be added to the setback width for each percent of average slope greater than 5 percent and less than 25 percent. The percentage of slope shall be based on the average slope of the setback, exclusive of areas with slopes 25 percent and over. 5. No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements shall be located within required watercourse setbacks, unless approved through, and in conformance with, a variance or deviation process as authorized in this title. 6. Exceptions. The watercourse setback is divided into two zones. Zone 1 consists of the 60 percent of the setback closest to the watercourse, and Zone 2 consists of the 40 percent of the setback furthest from the watercourse. a. On-site stormwater treatment facilities may be located in Zone 2. b. Trails and trail-related improvements may be placed within the required watercourse setback subject to the following provisions: (1) Trails, and trail-related improvements such as benches and trail signage, may be placed in Zone 2; (2) Limited, non-looping developed spur trails to the water's edge may cross all zones. Benches and limited informational/interpretive signage may be placed in Zone 1 at the terminus of spur trails; (3) Due to topography, avoidance of wetlands, or other geographical constraints portions of non-spur trails may need to be placed within Zone 1. Trail construction within Zone 1, inclusive of watercourse crossings and spur trails,per each side of the watercourse may not exceed 42-9 the length of 300 percent of the width of the applicable watercourse setback per 500 lineal feet of watercourse; (4) All trails must be constructed to minimize bank instability,sedimentation, nutrient and pollution runoff. Trails shall be aligned to minimize damage to plant and wildlife habitat; and (5) Trails crossing the watercourse and trail-related bridge structures may be located within all zones provided that the appropriate local, state and federal permits are obtained. C. Streets, sidewalks, utility lines or similar public construction may be permitted within all zones for the purpose of crossing a watercourse or protecting public health and safety. The following practices shall be observed:- (1) Crossings shall be minimized to the greatest extent feasible; (2) Crossings with direct angles (90 degrees) shall be used to the greatest extent feasible instead of oblique crossing angles; (3) Construction shall be capable of withstanding 100-year flood events; (4) The subdivision grading and drainage plan shall be designed to prevent the discharge of untreated stormwater into a watercourse; and (5) A bank stabilization plan for all public construction watercourse crossings shall be prepared and approved by the City prior to site preparation and installation of the improvement(s). d. Outlets from stormwater treatment facilities may pass through all zones in order to discharge to the receiving watercourse, provided that all required permits are obtained. e. Activities required within limits outlined in any approved noxious weed control plan may occur in all zones. 7. Setback Planting. A setback planting plan shall be prepared by a qualified landscape professional, and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule, and plantings shall be depicted on the plan as follows: a. Zone 1: Thirty percent of Zone 1 shall be planted with native riparian sedges, forbs and grasses, and the remaining 70 percent shall be planted with a mix of new or existing trees and/or shrubs. Trees shall be spaced 25 to 35 feet apart depending on the species. Shrubs shall be spaced 5 to 15 feet apart depending on the species. Tree and shrub species selected shall be suitable for the climate and for planting in a riparian area with an emphasis on native species. The Natural Resources Conservation Service (MRCS) and the Gallatin Local Water Quality District (LWQD) are good sources of landscaping materials and/or landscaping information. b. Zone 2: Zone 2 shall be planted with new or existing native grasses suited for a riparian area. The Natural Resources Conservation Service (MRCS) and the Gallatin Local Water Quality District (LWQD) are good sources of landscaping materials and/or landscaping information. C. To prevent soil erosion and the invasion of noxious weeds, the watercourse setbacks on all land proposed for development shall be covered with existing vegetation or shall be seeded with native grasses as soon as seasonally feasible or prior to commencement of any site development or site preparation work. d. Planting materials are exempt from the size requirements of 518.48.050.G.3 of this title. 42-10 I 8. Except for as otherwise allowed in 518.42.100.B.6 and 7, BMC, no disturbance of soils and existing vegetation shall occur in all zones. C. Other Provisions. 1. All watercourse setbacks shall be measured from the ordinary high water mark as defined regulations. When no ordinary high water mark is discernible, setbacks shall be in these re a ary g measured from p m the to of the streambank. 2. The watercourse setback shall be depicted on all preliminary and final plats and plans. 3. These provisions do not apply to agricultural uses, including lands enrolled in the conservation reserve program (CRP), activities, and structures that existed prior to the effective date of these regulations. Any agricultural uses, activities or structures established after the effective date of these regulations shall comply with these regulations. An agricultural use, activity or structure shall be considered abandoned if not used for agricultural purposes for more than 180 consecutive days. 18.42.110 RIDGELINES AND VIEWSHEDS For the purpose of having structures blend more naturally into the landscape rather than being a prominent focal point, ridgeline protection areas are established. These areas are defined in Chapter 18.80 and are identified and designated based on topographic characteristics. The Bozeman Ridgeline Map identifies areas with a high likelihood of meeting the standards for ridgelines. A. All buildings located within a ridgeline protection area shall be set back from the ridgeline a distance not less than 3 times its height above grade. The distance of the setback shall be measured perpendicular from the ridgeline. r a lot approved or created prior din permit is sought for P In the event a boil PP E xce tion. g 1. building 1 1 2004 the proposed d dev elopment me nt shall to the effective date of this ordinance,January p p P . comply with this section to the extent reasonably feasible given the lot dimensions, orientation, and other characteristics. The final approval body for the proposed development shall determine the extent that is reasonably feasible and may relax the special setback required by this section, subject to applicable appeal provisions. Such administrative relief shall not reduce setbacks below those required elsewhere in this title. 18.42.120 MAIL DELIVERY ` If mail delivery will not be to each individual lot within the development,the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. 18.42.130 FENCES,WALLS AND HEDGES A. Location and Height. Except as provided in 518.44.100, BMC,fences, walls and hedges, in any district may be located on lot lines provided such fences, walls and hedges comply with the following height requirements: 1. Do not exceed 6 feet in height in any required rear or required side yard. Fences exceeding 6 feet in height shall be subject to the minimum yard requirements of the district in which such fences are located. Decorative post caps may exceed the height limit by no more than 1 additional foot. Fences in excess of 6 feet in height require a building permit before installation may commence. Fences may not exceed 8 feet in height. 42-11