State law prompts changes to Bozeman subdivision review process - Fairfield Sun Times
A handful of changes to Bozeman’s subdivision review process are in the works as the city tries to get in line with new state law.
The changes, Community Development Manager Chris Saunders said, range from how developers deal with owners to agricultural water user facilities like irrigation ditches or retention ponds to adjustments to how the city is required to notice subdivision reviews.
Subdividing is the process through which a large chunk of land is split into individual lots.
“The subdivision review process is quite important because it sets the basic framework for the city with streets, lot patterns and parks and things like that, and has long term effects on the community,’’ Saunders said at a planning board meeting earlier this month.
The planning board and zoning commission reviewed and approved the ordinance this month, and the city commission is set to review it on Nov. 16.
The proposed ordinance enacting these changes includes the updates required by new state law and other changes that make sense, Saunders said, like removing specific quotes from former state code and adding in citations to state law instead.
For noticing, nearby homeowners will receive normal first class mail instead of certified mail — and a minor wording change that these reviews will happen at public “meetings” rather than public “hearings.”
The new state law also requires subdivision reviews to only take 35 days for applications that do not ask for any variances or exceptions to city standards.
Saunders said only small subdivisions are passed through the city that quickly.
The state has generally been moving to focus public engagement more on policy development, Saunders said.
“The desire is to minimize a lot of individual debate and analysis on should or shouldn’t something happen, it’s more focused on is the rule being followed,” Saunders said.
Another significant change will be largely out of the public eye, which is a change to how developers can handle agricultural water user facilities.
Saunders said the main difference is that the person applying for the subdivision is required to reach out to anyone whose agricultural water may be impacted earlier in the process.
During a planning board meeting earlier this month, Saunders noted that much of the ordinance is required by state law.
“I think this matter does bear some resemblance in a few respects to a shotgun wedding,” Board Chair Henry Happel said. “I don’t think the city has a lot of discretion here.”
source: https://www.fairfieldsuntimes.com/news/state/state-law-prompts-changes-to-bozeman-subdivision-review-process/article_ca80bf83-f7ad-5c95-81ed-a3a26a8a43de.html
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