Title 16 - Subdivisions
Chapters:
16.04 General Provisions
16.08 Administrative Provisions
16.12 General Procedures - Major Subdivisions
16.16 General Procedures - Minor Subdivisions
16.20 Planned Unit Developments
16.24 Subdivisions Created by Rent or Lease
16.28 Condominiums
16.32 General Design and Improvement Standards
Chapter 16.04 General Provisions
Sections:
16.04.010 Title
16.04.020 Authority
16.04.030 Purpose
16.04.040 Jurisdiction
16.04.050 Severability
16.04.060
Definitions
16.04.010 Title These regulations shall be known and may be
cited as “The Subdivision Regulations of the City of
16.04.020 Authority Authorization for these regulations is
contained in the Montana Subdivision and Platting Act (Mont. Code Ann. §
76-3-101 et seq.).
16.04.030 Purpose The purposes of these regulations are to
promote the public health, safety, and general welfare by regulating the
subdivision of land; to prevent the overcrowding of land; to lessen congestion
in the streets and highways; to provide for adequate light, air, water supply,
sewage disposal, parks and recreation areas, ingress and egress, and other
public requirements; to require development in harmony with the natural
environment; to protect the rights of the property owners; and to require
uniform monumentation of land subdivisions and transferring interests in real
property by reference to a plat or certificate of survey. Further, to support the purposes of 76-3-102,
MCA, these regulations are intended to promote; and to reasonably provide for:
A. The
orderly development of the jurisdictional area.
B. The
design and arrangement of roads and streets within subdivided land and the
coordination with other roads, both existing and planned.
C. The
dedication of land for roadways and for public utility easements.
D. The
provision of proper physical and legal road access, including obtaining of
necessary easements and for the improvement of roads.
E. The
provision of adequate open spaces for travel, light, air, and recreation.
F. The
provision of adequate transportation, water, drainage, and sanitary facilities.
G. The
avoidance or minimization of congestion.
H. The
avoidance of subdivision which would involve unnecessary environmental
degradation.
I. The
avoidance of danger or injury to the public health, safety or welfare by reason
of natural hazard or the lack of water, drainage, access, transportation or
other public services.
J. The
identification of areas which, because of natural or man-caused hazards, are
unsuitable for subdivision development and prohibit subdivisions in these areas
unless the hazards can be eliminated or overcome by approved construction
techniques.
K. Prohibit
subdivisions for building purposes in areas located within the floodway of a
flood of 100-year frequency as defined by Title 76, chapter 5, or determined to
be subject to flood by the City of
L. The
avoidance of excessive expenditure of public funds for the supply of public
services.
M. The
manner, form and contents of making and filing of any plat for subdivisions of
land.
N. The
administration of these regulations by defining the powers and duties of
approving authorities including procedures for the submission and review of all
plats of subdivisions covered by these provisions.
16.04.040 Jurisdiction These regulations govern the subdivision of
land within the jurisdictional area of the City of
Submission of preliminary plat for review:
1. Except
when a plat is eligible for summary approval, the subdivider shall present to
the Planning Board of the City of
2.
(a) If
the proposed subdivision lies within the boundaries of the City of
(b) If
a proposed subdivision lies within one mile of the City of
(c) When a proposed subdivision is also
proposed to be annexed to the City, the City Council shall coordinate the
subdivision review and annexation procedures to minimize duplication of
hearings, reports, and other requirements whenever possible.
These regulations supplement all other regulations, and where they are at
variance with other laws, regulations, ordinances, or resolutions, the more
restrictive requirements shall apply.
16.04.050 Severability Where any word, phrase, clause, sentence,
paragraph, section, or other part of these regulations is held invalid by a
court of competent jurisdiction, such judgment shall affect only that part held
invalid.
16.04.060 Definitions Whenever the following words or phrases
appear in this text, they shall have the meaning assigned to them by this
section. When not inconsistent with the
context, words used in the present tense shall include the future; the singular
shall include the plural, and the plural the singular; the word “shall” is
always mandatory, and the word “may” indicates use of discretion in making
decisions.
Block: A group of
lots, tracts or parcels within well-defined and fixed boundaries.
Certificate of Survey:
A drawing of a field survey prepared by a registered surveyor for the
purpose of disclosing facts pertaining to boundary locations.
Comprehensive Plan or Master Plan: Defined in Section 76-1-103, MCA, as a
comprehensive development plan or any of its parts such as a plan of land use
and zoning of thoroughfares, of sanitation, of recreation, and of other related
matters.
Condominium: A form of
individual ownership with unrestricted right of disposal of one or more units
in a multiple unit project with the land and all other parts of the project
held in common ownership or use with owners of the other units.
Covenant: An
agreement, in writing, of two or more parties by which any of the parties
pledges to the others that something is done or shall be done.
Dedication: The
deliberate appropriation of land by an owner for any general and public use,
reserving to the landowner no rights that are incompatible with the full
exercise and enjoyment of the public use to which the property has been
devoted.
Division of Land: The
segregation of one or more parcels of land from a larger tract held in single
or undivided ownership by transferring or contracting to transfer title to or
possession of a portion of the tract or properly filing a certificate of survey
or subdivision plat establishing the identity of the segregated parcels
pursuant to the Montana Subdivision and Platting Act. Provided that where required by the Act the
land upon which an improvement is situated has been subdivided in compliance
with the Act, the sale, rent or other conveyance of one or more parts of a
building, structure, or other improvement situated on one or more parcels of
land is not a division of land and is not subject to the terms of the Act.
Dwelling Unit: Any
building or portion thereof providing complete, independent and permanent
living facilities for one family.
Easement: A right to
use land, other than as a tenant, for a specific purpose; such right being held
by someone other than the owner.
Engineer (registered professional engineer): A person licensed in conformance with the
Montana Professional Engineer’s Registration Act (Title 37, Chapter 67, MCA) to
practice engineering in the State of
Examining Land Surveyor:
A registered land surveyor fully appointed by the governing body to
review surveys and plats submitted for filing.
Final Plat: The final
drawing of the subdivision and dedication required by these regulations to be
prepared for filing for record with the county clerk and recorder and containing
all elements and requirements set forth in these regulations and in regulations
adopted pursuant thereto.
Flood: The water of
any watercourse of drainage which is above the bank or outside the channel and
banks of such watercourse or drainage.
Flood of 100 Year Frequency:
A flood magnitude expected to recur on the average of one every 100
years, or a flood magnitude which has a one percent chance of occurring in any
given year.
Floodplain: The area
adjoining the watercourse or drainage which would be covered by the floodwater
of a flood of 100 year frequency.
Floodway: The channel
of a watercourse or drainage and those portions of the floodplain adjoining the
channel which are reasonably required to carry and discharge the floodwater of
any watercourse or drainage.
Governing Body: The
City Council of the City of
Irregular Shaped Tract of Land: A parcel of land other than an aliquot part
of the
Legal Access: The
subdivision abuts a public road, or the sub-divider has obtained adequate and
appropriate easements across all necessary properties from a public road to the
subdivision.
a. Lot
Depth—The length of a line drawn perpendicularly to the front lot line and
extending to the rear lot line.
b. Lot
Width—The average width of the lot.
c. Lot
Frontage—The width of the front lot line.
d. Lot
Area—The area of a lot determined exclusive of street, highway, alley, road, or
other rights-of-way.
a. Corner
b. Interior
c. Through
or Double-Frontage Lot: A lot whose front and rear lines both abut on streets.
Minor Subdivision: A
subdivision containing five or fewer parcels where proper access to all lots is
provided, where no land in the subdivision will be dedicated to public use for
parks and playgrounds.
Mobile Home: A
factory-assembled structure or structures equipped with the necessary service
connections and made so as to be readily movable as a unit or units on its
(their) own running gear and designed to be used as a dwelling unit(s) without
a permanent foundation.
Mobile Home
Mobile Home Stand: That
area of a mobile home lot which has been prepared for the placement of a mobile
home.
Montana Department of Health and Environmental Sciences
Minimum Standards: Minimum standards as set forth by the Division of
Environmental Sciences of the Montana Department of Health and Environmental
Sciences, adopted pursuant to Title 76, Chapter 4, Part I, MCA.
Monument (permanent monument): Any structure of masonry, metal, or other
permanent material placed in the ground, which is exclusively identifiable as a
monument to a survey point, expressly placed for surveying reference.
Open Space: An undeveloped land or water area devoid of
buildings except where accessory to the provision of recreation.
Overall Development Plan:
The plan of a subdivision design for a single tract proposed to be
subdivided by stages.
Physical Access: A
road conforming to the local subdivision standards provides vehicular access
from a public road to the subdivision.
Planned Unit Development (P.U.D.): A land development project
consisting of residential clusters, industrial parks,
shopping centers, or office building parks; that comprise a planned mixture of
land uses built in a prearranged relationship to each other and having open
space and community facilities in common ownership or use.
Planning Board: The City of
Plat: A graphical
representation of a subdivision showing the division of land into lots,
parcels, blocks, streets, alleys, and other divisions and dedications.
Preliminary Plat: A
neat and scaled drawing of a proposed subdivision showing the layout of
streets, alleys, lots, blocks, and other elements of a subdivision which
furnish a basis for review by a governing body.
Public Improvements:
Any structure or facility constructed to serve the residents of a
subdivision or the general public such as parks, streets and roads, sidewalks,
curbs and gutters, street lighting, utilities and systems for water supply,
sewage disposal and drainage.
Public Road or Street:
A road or street for which a municipality, county or a state or federal
agency has maintenance responsibility.
Recreational Vehicle Park:
A place used for public camping where persons can rent space to park
individual camping trailers, pick-up campers, motor homes, travel trailers or
automobiles for transient dwelling purposes.
Recreational Vehicle Space:
A designated portion of a recreational vehicle park designed for the
placement of a single recreational vehicle and the exclusive use of its occupants.
Registered Land Surveyor:
A person licensed in conformance with Title 37, chapter 67, to practice
surveying in the state of
Registered Professional Engineer: A person licensed in conformance with Title
37, chapter 67, to practice engineering in the state of
Right-of-Way: A strip
of land dedicated or acquired for use as a public way.
Street Types: For
purposes of these regulations, street types are defined as follows:
a. Alley:
A street used primarily for vehicular access to the rear of properties which
abut on and are served by public roads.
b. Arterial:
c. Collector:
d. Local
Streets:
e. Half-Street:
A portion of the width of a street, usually along the outside perimeter of a
subdivision, where the remaining portion of the street must be located on
adjacent property.
f. Cul-de-sac:
A street having only one outlet for vehicular traffic and terminating in a
turn-around area.
g.
h. Frontage
Access (service road): A local or collector street, usually parallel and
adjacent to an arterial or major collector, which provides access to abutting properties
and controls traffic access to arterioles or collectors.
Sub-divider: A person
who causes land to be subdivided or who proposes a subdivision of land.
Subdivision: A
division of land or land so divided that creates one or more parcels, containing
less than 160 acres that cannot be described as a one-quarter aliquot part of a
Unites States government section, exclusive of public roadways, in order that
the title to or possession of the parcels may be sold, rented, leased, or
otherwise conveyed and includes any re-subdivision and further includes a
condominium or area, regardless of its size, that provides or will provide
multiple space for recreational camping vehicles or mobile homes.
Swale: A drainage
channel or depression designed to direct surface water flow.
Tract: Land area
proposed to be subdivided.
Tract of Record: A
parcel of land, irrespective of ownership, that can be identified by legal
description, independent of any other parcel of land, using documents on file
in the records of the county clerk of recorder’s office.
Vicinity sketch: A map at a scale suitable to locate the
proposed subdivision, showing the boundary lines of all adjacent properties and
streets and other information necessary to determine the general location of
the proposed subdivision.
Chapter 16.08 Administrative
Provisions
Sections:
16.08.010 Fee Schedule
16.08.020 Variances
16.08.030 Amendment of
Regulations
16.08.040 Enforcement,
Violation and Penalties, Appeals
16.08.010 Fee Schedule Fees shall be submitted on or before the
applicable meeting date of the scheduled review. Fees cover one review only. If preliminary plats are withdrawn and
resubmitted, an additional fee shall be submitted. If preliminary major plats are recommended to
be amended by the planning board and are resubmitted within one month, the
additional fee may be waived by the planning board.
A. Preliminary Plat Review. To cover costs of reviewing plans,
advertising, holding public hearings, or other expenses incidental to the
approval of a subdivision, the sub-divider shall pay a non‑refundable fee
at the time of application for approval of a preliminary subdivision plat.
Condominium units and lots created by rent or lease are subject to the same per
lot fee.
The fees, payable to the City Clerk, are as follows:
Minor subdivision (1‑5 lots) $500.00
plus $75 per lot
Major subdivision (6 or more lots) $1,000.00
plus $40 per lot
Subdivisions for rent or lease;
Planned unit developments; or Condominiums $300.00 plus $30 per lot
B. Final Plat Review and Inspection To cover the cost of on‑site inspection
of the subdivision and review of the final plat and supplemental materials, the
sub-divider shall pay a non‑refundable fee at the time of application for
final approval to the City Clerk at the following rate:
All
subdivisions (including major and minor subdivisions) $100.00
C. Final Plat Filing The sub-divider shall be responsible for
paying all costs to the Beaverhead County Clerk & Recorder to file the
final plat and supplementary documents.
All
certificates of survey—a review fee will be charged for the examining land
surveyor to verify that plats and surveys are correct. This fee shall be paid by the
sub-divider.
D. Final Plat Amendment or Correction The property owners petitioning for the
amendment or correction of a filed subdivision plat shall pay all related
direct costs incurred by the City Council, including filing fees.
16.08.020
Variances
A. Hardship The City Council may grant variances from the
Design and Improvement Standards of these regulations when, because of the
particular physical surroundings, shape, or topographical conditions of a
specific property, strict compliance would result in undue hardship and when
such compliance would not be essential to the public welfare. Such variances shall not have the effect of
nullifying the intent and purpose of these regulations. The City Council shall not approve variances
unless it makes findings based upon the evidence in each specific case that:
1. The
granting of the variance will not be detrimental to the public health, safety,
or general welfare or injurious to other adjoining properties;
2. Because
of the particular physical surroundings, shape, or topographical conditions of
the specific property involved, an undue hardship to the owner would result if
the strict letter of these regulations is enforced;
3. The
variance will not cause a substantial increase in public costs; and
4. The
variance will not in any manner place the subdivision in non-conformance with
the City zoning regulations or comprehensive plan.
B. Variances
from Floodway Provisions Not Authorized
The City Council may not by variance permit subdivision for building
purposes in areas located within the floodway of a flood of 100-year frequency
as defined by Title 76, Chapter 5, MCA.
C. Procedure The sub-divider shall include with the
submission of the preliminary plat a written statement describing the requested
variance and the facts of hardship upon which the request is based. The planning board and City Council shall
consider each requested variance at the public meeting or hearing on the
preliminary plat.
D. Conditions In granting variances, the City Council may
impose such conditions as will, in its judgment, secure substantially the
objectives of these regulations.
E. Statement
of Facts When any such variance is
granted, the motion of approval of the proposed subdivision shall contain a
statement describing the variance and the facts and conditions upon which the
issuance of the variance is based.
16.08.030 Amendment of
Regulations Before the City
Council amends these regulations it shall hold a public hearing and shall give
public notice of its intent to amend these regulations and of the public hearing
by publication of notice of the time and place of the hearing in a newspaper of
general circulation in the City not less than 15 or more than 30 days prior to
the date of the hearing.
16.08.040 Enforcement,
Violation and Penalties, Appeals
A. Enforcement. Every final subdivision plat must be filed
for record with the COUNTY CLERK AND RECORDER before title to the subdivided
land can be sold or transferred in any manner. If unlawful transfers are made,
the City Attorney shall commence action to enjoin further sales or transfers
and compel compliance with all provisions of the Montana Subdivision and
Platting Act and these regulations. The
cost of such action shall be imposed against the party not prevailing.
B. Violation
and Penalties Any person, firm,
corporation, or other entity who violates any of the provisions of the Montana
Subdivision and Platting Act or these regulations is guilty of a misdemeanor
punishable by a fine of not less than $100.00 nor more than $500.00 or by
imprisonment in jail for not more than three (3) months or by both fine and
imprisonment. Each sale, lease or
transfer; or offer of sale, lease, or transfer of each separate parcel of land
in violation of any provision of the Montana Subdivision and Platting Act or these
regulations shall be deemed a separate and distinct offense.
C. Appeals A decision of the City Council approving or
rejecting a proposed subdivision plat may be reviewed by the district
court. The application for review must
be filed within thirty (30) days of the decision and must specify the grounds
upon which it alleges the illegality of the action of the City Council.
Chapter 16.12 General
Procedures - Major Subdivisions
Sections:
16.12.010 Major Subdivision
Definition
16.12.020 Major Subdivision
Review and Approval Procedures
16.12.030 Exemptions From
Environmental Assessment
16.12.040 Major Subdivision
Final Plats - Step 3
16.12.010 Major Subdivision Definition Those subdivisions containing six (6) or more
lots, or subdivisions of five (5) or fewer lots that do not qualify as minor
subdivisions shall be reviewed under the procedure set forth in this chapter.
16.12.020 Major
Subdivision Review and Approval Procedures
A. Construction
Timing. The sub-divider shall not
proceed with any construction work on the proposed subdivision, including
grading and excavating relating to public improvements, until the City Council
has given preliminary approval of the proposed subdivision plat.
B. Transfers
of Title. Except as noted herein, every
final subdivision plat must be filed for record with the COUNTY CLERK AND
RECORDER before title to the subdivided land can be sold or transferred in any
manner. After the preliminary plat of a
subdivision has been approved or conditionally approved, the sub-divider may
enter into contracts to sell lots in the proposed subdivision if all of the
following conditions are met:
1. Under
the terms of the contracts the purchasers of lots in the proposed subdivision
make any payments to an escrow agent, which must be a bank or savings and loan
association chartered to do business in the State of
2. Under
the terms of the contracts and the escrow agreement the payments made by
purchasers of lots in the proposed subdivision may not be distributed by the
escrow agent to the sub-divider until the final plat of the subdivision is
filed with the COUNTY CLERK AND RECORDER.
3. The
contracts and the escrow agreement provide that if the final plat of the
proposed subdivision is not filed with the COUNTY CLERK AND RECORDER within two
(2) years of the preliminary plat approval, the escrow agent shall immediately
refund to each purchaser any payments made under the contract.
4. The
county treasurer has certified that no real property taxes assessed and levied
on the land to be divided are delinquent, and
5. The
contracts contain the following language conspicuously set out therein: “The real property which is the subject
hereof has not been finally platted, and until a final plat identifying the
property has been filed with the COUNTY CLERK AND RECORDER, title to the
property cannot be transferred in any manner.”
6. A copy of the contracts and escrow agreement
described above shall be submitted to the subdivision administrator.
C. Pre‑application
Procedures. The sub-divider shall meet
with the subdivision administrator prior to submitting the required preliminary
plat. The purpose of this meeting is to
discuss these regulations and standards, to familiarize the sub-divider with
the applicable goals and objectives of the City of
D. Permission
to Enter. The City Council or its
designated agent(s) may conduct such investigations, examinations, and site
evaluations as they deem necessary to verify information supplied as a
requirement of these regulations. The
submission of pre‑application materials or a preliminary plat for review
shall constitute a grant of permission to enter the subject property.
Major Subdivision ‑ Preliminary Plats.
A. Preliminary Plat Form, Contents, Submission and Review
The sub-divider shall submit for review and approval a preliminary plat of
the proposed subdivision which conforms to the requirements of these
regulations, unless exempted under Chapter 16.16, Minor Subdivisions. The preliminary plat shall be prepared in
form and with contents and supplements as required by Appendix B, and conform
to the General Design and Improvement Standards set forth in 16.32.
The sub-divider shall submit the following application information to the
subdivision administrator:
1. The
Montana Department of Environmental Quality/Local Government Joint Application
Form or City of
2. Environmental
assessment unless exempt; When required, the environmental assessment must
accompany the preliminary plat and must include:
(a) a description of every body or stream of
water that may be affected by the proposed subdivision, together with available
ground water information, and a description of the topography, vegetation, and
wildlife use within the area of the proposed subdivision.
(b) a
summary of the probable impacts of the proposed subdivision based on the
criteria described in 76-3-608; and
(c) a community impact report containing a
statement of anticipated needs of the proposed subdivision for local services,
including education and business; roads and maintenance; water, sewage, and
solid waste facilities; and fire and police protection; and
(d) additional
relevant and reasonable information related to the applicable regulatory
criteria adopted under 76-3-501 as may be required by the governing body.
3. The
required review fee as stated in the Fee Schedule on page _______;
4. Twelve
(12) copies of the preliminary plat and plat supplements;
Review by affected public utilities
and those agencies of local, state and federal government having a substantial
interest in a proposed subdivision shall not delay the City of
The application materials and fee must be submitted to the subdivision
administrator thirty (30) days prior to a regular meeting of the planning
board. The subdivision administrator
will review the information to determine whether or not the application is
complete. If the application is
complete, the subdivision administrator will publish a notice of public hearing
and review the application at the next regular meeting in accordance with these
regulations. The sixty (60) day review period
shall commence on the date that the subdivision administrator accepts the
application.
If the subdivision administrator determines the application is
incomplete, the sub-divider shall be notified of the deficiencies at least five
(5) days prior to the planning board meeting.
The sub-divider may correct the deficiencies and resubmit the
application at the next meeting of the planning board.
B. Public
Hearing. After accepting a preliminary
plat application as complete, the planning board shall hold a public hearing on
the preliminary plat. Notice of the time
and date of the hearing shall be given by publication in a newspaper of general
circulation in the City not less than fifteen (15) days prior to the date of
the hearing. The sub-divider, each
property owner of record, and each purchaser under contract for deed of
property immediately adjoining the land included in the plat shall be notified of the hearing by
registered or certified mail not less than 15 days prior to the date of the
hearing. The planning board may require
the posting of the notice of the hearing at conspicuous places on the proposed
site.
C.
Planning Board
Recommendation. The planning board
shall:
1. consider
the following:
(a) relevant
evidence relating to the public health, safety, and welfare;
(b) the
environmental assessment;
(c) the City of
(d) review
criteria as specified in Section D hereof; and
(e) whether
the preliminary plat conforms to the provisions of:
(1)
the
(2) these
regulations;
(3) applicable
zoning regulations;
(4) the
comprehensive plan; and
(5) other
regulations in effect in the area of the proposed subdivisions; and
2. When
a proposed subdivision is also proposed to be annexed, the City of
3. Within
10 days after the public hearing, the planning board, acting in their advisory
capacity, shall submit in writing the following to the City Council:
(a) its
findings regarding the items under subsection (a) above;
(b) recommended Findings of Fact that weigh
the review criteria; and
(c) a recommendation for approval,
conditional approval, or disapproval of the plat.
D. Preliminary
Plat Approval by City Council. The City
Council shall approve, conditionally approve, or reject the preliminary plat
within 60 days of determination of completeness, unless the sub-divider
consents to an extension of the review period.
If the City Council rejects or conditionally approves the preliminary
plat, it shall forward one copy of the plat to the sub-divider accompanied by a
letter over the appropriate signature stating the reason for rejection or
enumerating the conditions that must be met to assure approval of the final
plat.
The
basis for the City Council’s decision to approve, conditionally approve, or
disapprove a subdivision shall be based upon whether the preliminary plat,
applicable environmental assessment, public hearing, planning board
recommendations or additional information demonstrates that development of the
subdivision meets the requirements of these regulations.
E. The
City Council shall issue written findings of fact that discuss and weigh the
following primary review criteria (pursuant to 76-3-608 MCA):
1. effects
on agriculture;
2. effects
on agricultural water user facilities;
3. effects
on local services;
4. effects
on the natural environment;
5. effects
on wildlife and wildlife habitat;
6. effects
on the public health and safety;
7. compliance
with survey requirements;
8. compliance
with City subdivision regulations;
9. compliance
with established City subdivision review procedures;
10. the provision of easements for the
location and installation of any needed utilities and
11. the provision of legal and physical access
to each parcel within the subdivision and the notation of that access on the
applicable plat and any instrument of transfer concerning the parcel.
The
City Council may withdraw approval of a plat if it determines that information
provided by the sub-divider, and upon which such decision was based, is
inaccurate.
F. The
City of
G.
1. In
reviewing a subdivision under subsection (E) and when requiring mitigation
under subsection (F), the city may not unreasonably restrict landowner’s
ability to develop land, but it is recognized that in some instances the
unmitigated impacts of a proposed development may be unacceptable and will
preclude approval of the plat.
2. When
requiring mitigation under subsection (F), the city shall consult with the
sub-divider and shall give due weight and consideration to the expressed
preference of the sub-divider.
H. Preliminary
Plat Approval Period. Upon approving or
conditionally approving a preliminary plat, the City Council shall provide the
sub-divider with a dated and signed statement of approval. This approval shall be in force for two years. At the end of this period the City Council
may, at the request of the sub-divider, extend its approval for no more than
one (1) calendar year, except that the City Council may extend its approval for
a period of more than (1) one year, if that approval period is included as a
specific condition of a written subdivision improvements agreement between the
governing body and the sub-divider, according to 76-3-507 MCA.
After
the preliminary plat is approved, the City Council may not impose any additional
conditions as a prerequisite to final plat approval, providing said approval is
obtained within the original or extended approval period as provided above.
I. Review
Requirements—Written statement. In
addition to the requirements of 16.12.020 - Major Subdivision Review and
Approval, the City Council may not deny or condition a subdivision approval
under this part unless it provides a written statement to the applicant
detailing the circumstances of the subdivisions denial or condition imposition. The statement must include:
1. The
reason for the denial or condition imposition;
2. The
evidence that justifies the denial or condition imposition; and
3. Information
regarding the appeal process for the denial or condition imposition.
16.12.030 Exemptions
From Requirement of an Environmental Assessment Subdivisions totally within a master planning
area adopted pursuant to chapter 1 wherein zoning regulations pursuant to part
3 of chapter 2 or 76-2-201 and a long-range development program of public
works’ projects pursuant to 76-1-601 have been adopted are deemed to be in the
public interest and exempt from the requirements of an environmental
assessment.
When a subdivision is proposed in an area for which a master plan has
been adopted pursuant to chapter 1 and the proposed subdivision will be in
compliance with the plan or when the subdivision will contain fewer than 10
parcels and less than 20 acres, the planning board may exempt the sub-divider
from the completion of all or any portion of the environmental assessment.
When such an exemption is granted, the planning board shall prepare and
certify a written statement of the reasons for granting the exemption. A copy of this statement shall accompany the
preliminary plat of the subdivision when it is submitted for review.
16.12.040 Major
Subdivision Final Plats
A. Final Plat Submission
The
final plat must be submitted to the subdivision administrator before expiration
of the preliminary plat approval period.
An application for final plat approval, together with the final plat,
twelve (12) blue-line copies of the
final plat and the appropriate review fee shall be submitted to the subdivision
administrator.
B. Final
Plat Contents
The
final plat submitted for approval shall conform to the preliminary plat as
previously reviewed and approved by the City Council and shall incorporate all
required modifications. The final plat
shall comply with the Standards for Final Subdivision Plats. The final plat may constitute only that
portion of the approved preliminary plat the sub-divider wishes to file,
provided that such portion conforms to all requirements of these regulations
and is approved by the City Council in writing.
C. Final
Plat Review. The City shall examine each
final plat and shall approve the plat only if:
1. it conforms to the conditions of
approval set forth on the preliminary plat and to the terms of this chapter and
regulations adopted pursuant to this chapter; and
2. the county treasurer has certified that
all real property taxes and special assessments assessed and levied on the land
to be subdivided have been paid.
Any significant change in the final plat from its original form may
require the holding of a public hearing for review.
The City Council requires that final subdivision plats be reviewed for
errors and omissions in calculation or drafting by an examining land surveyor
before recording with the CLERK AND RECORDER.
The sub-divider shall bear the cost of this review. When the survey data shown on the plat meet
the requirements set forth by the Montana Subdivision and Platting Act and the
Montana Uniform Standards for Monumentation and Final Subdivision Plats, the
examining land surveyor shall so certify on the plat. No land surveyor having a financial interest
in a plat shall act as an examining land surveyor.
The Sub-divider shall submit with the final plat a certificate of a title
abstractor showing the names of the owners of record of the land to be subdivided
and the names of lien holders or claimants of record against the land and the
written consent to the subdivision by the owners of the land, if other than the
sub-divider, and any lien holders or claimants of record against the land.
The City Council may provide for the review of the abstract or
certificate of title of the land in question by the city attorney.
D. Restrictive Covenants ‑ Approval and Enforcement by City
Council
1. Every
restrictive covenant shall contain the following language: “This (These) covenant(s) may not be repealed
or amended without the prior written consent of the City Council.”
2. The
City Council may require that in addition to the language specified above
certain restrictive covenants contain the following language: “The Dillon City Council is a party to this
restrictive covenant and may enforce the provisions hereof.”
3. All
covenants shall be considered to run with the land, whether marked or noted on
the subdivision plat or contained in a separate instrument recorded with the
plat.
E. Guaranty
of Public Improvements. As a condition
of approval of the final plat, the sub-divider shall have installed all
required public improvements or shall enter into a subdivision improvements
agreement guaranteeing the construction, installation, and/or maintenance of
all such improvements.
Provision
for bonding requirements to ensure construction of public improvements
1. In
lieu of the completion of the construction of any public improvements prior to
the approval of the final plat, the sub-divider shall provide or cause to be
provided a bond or other reasonable security, in an amount and with surety and
conditions satisfactory to the City of Dillon, providing for and securing the
construction and installation of the improvements within a period specified by
the City of Dillon and expressed in the bonds or other security. The City of
If
common property is to be deeded to a property owners’ association, the
covenants and restrictions which govern the association shall, at a minimum,
provide for:
1. Formation
of property owners’ association before any property is sold;
2. Mandatory
membership for each property buyer and any subsequent buyer;
3. Perpetual
reservation of the common property;
4. The
association’s responsibility for liability insurance, local taxes, and the
maintenance of recreational and other facilities;
5. Property
owners paying their pro rata share of the cost and that the assessment charged
by the association can become a lien on the property;
6. The
association adjusting assessments to meet changing needs;
7. Means
of enforcement and of receiving and processing complaints;
8. Required
permission of the City Council before the association can be dissolved or the
restrictions can be modified; and
9. A
regular maintenance program for roads, parks, buildings, drainage facilities, lift
stations and other mutually controlled facilities.
F. Final
Plat Approval. The City Council shall
approve or disapprove the final plat within 45 days of its acceptance for
review by the subdivision administrator.
The subdivision plat administrator shall examine the final subdivision
plat and shall recommend approval only when it incorporates all required
modifications and conforms to the conditions of approval set forth on the
preliminary plat, to the terms of the Montana Subdivision and Platting Act and
these regulations.
The
City Council shall examine each final subdivision plat and shall approve the
plat only if it incorporates all required modifications and conforms to the
conditions of approval set forth on the preliminary plat, the terms of the
Montana Subdivision and Platting Act and these regulations.
If
the final plat is disapproved, the reasons for disapproval shall be stated in
the records of the City Council and a copy forwarded to the applicant. The City Council shall return the final plat
to the sub-divider within ten (10) days of the action. The applicant may then make the necessary
corrections and resubmit the final plat for approval. Approval shall be certified by the City
Council on the face of the final plat.
The acceptance of land dedications shall be made by specific resolution
of the City Council and noted on the final plat.
The
City Council may withdraw approval of a plat if it determines that such
information provided by the sub-divider, and upon which such decision was made,
is inaccurate.
G. Final
Plat Filing. Within ten (10) days of the
approval of the final plat, the sub-divider shall submit for filing the
approved final plat and supplementary documents with the COUNTY CLERK AND
RECORDER. After approval, the plat shall
not be altered in any manner, either before or after filing. The COUNTY CLERK AND RECORDER shall refuse to
accept any plat for record that fails to have approval in proper form or has
been altered, and shall file the approved plat only if it is accompanied by the
documents specified in Uniform Standards for Final Subdivision Plats.
Chapter 16.16 General
Procedures - Minor Subdivision
Sections:
16.16.010 Minor Subdivision
Definition
16.16.020 Minor Subdivision
Review and Approval Procedures
16.16.030 Minor Subdivision
Preliminary Plats - Step 2
16.16.040 “Low Impact” Minor
Subdivisions
16.16.010 Minor
Subdivision Definition
Those subdivisions containing five or fewer lots in which proper access
to all lots is provided and in which no land is to be dedicated to the public
for parks or playgrounds, are to be reviewed as follows:
16.16.020 Minor
Subdivision Review and Approval Procedures
A. Construction
Timing The sub-divider shall not proceed
with any construction work on the proposed subdivision, including grading and
excavation relating to public improvements, until the City Council has given
preliminary approval of the proposed subdivision plat.
B. Transfers
of Title. Except as noted below, every
final subdivision plat must be filed for record with the COUNTY CLERK AND
RECORDER before title to the subdivided land can be sold or transferred in any
manner. After the preliminary plat of a
subdivision has been approved or conditionally approved, the sub-divider may
enter into contracts to sell lots in the proposed subdivision if all of the
following conditions are met:
1. Under
the terms of the contracts the purchasers of lots in the proposed subdivision
make any payments to an escrow agent which must be a bank or savings and loan
association chartered to do business in the State of
2. Under
the terms of the contracts and the escrow agreement the payments made by
purchasers of lots in the proposed subdivision may not be distributed by the
escrow agent to the sub-divider until the final plat of the subdivision is
filed with the COUNTY CLERK AND RECORDER.
3. The
contracts and the escrow agreement provide that if the final plat of the
proposed subdivision is not filed with the COUNTY CLERK AND RECORDER within two
(2) years of the preliminary plat approval, the escrow agent shall immediately
refund to each purchaser any payments made under the contract, and
4. The
county treasurer has certified that no real property taxes assessed and levied
on the land to be divided are delinquent, and
5. The
contracts contain the following language conspicuously set out therein: “The real property which is the subject
hereof has not been finally platted, and until a final plat identifying the
property has been filed with the COUNTY CLERK AND RECORDER, title to the
property cannot be transferred in any manner.”
6. A
copy of the contracts and escrow agreement described above shall be submitted
to the subdivision administrator.
C. Pre
- application Procedures. The sub-divider
should meet with the subdivision administrator prior to submitting the required
preliminary plat. The purpose of this
meeting is to discuss these regulations and standards, to familiarize the
sub-divider with the applicable goals and objects of the City of
D. Permission
to Enter. The City Council or its designated
agent(s) or agency may conduct such investigations, examinations, and site
evaluations as they deem necessary to verify information supplied as a
requirement of these regulations. The
submission of pre‑application materials or a preliminary plat for review
shall constitute a grant of permission to enter the subject property.
16.16.030 Minor
Subdivisions ‑ Preliminary Plats Minor subdivisions shall comply with the
requirements contained in these regulations.
A. Preliminary
Plat Form, Contents, Submission and
Review The sub-divider shall submit the
following application information to the subdivision administrator:
1. Dillon
minor subdivision application form;
2. The
required review fee as stated in the Fee schedule on page _______;
3. Twelve
(12) copies of the preliminary plat and plat supplements;
4. The
requirements for holding a public hearing and preparing an environmental
assessment do not apply to the first minor subdivision created from a tract of
record.
5. Subsequent
subdivisions from a tract of record must be reviewed under 76-3-505 and
regulations adopted pursuant to that section, 16.12.
The application materials and fee shall be submitted to the subdivision
administrator twenty one (21) days prior to a regular meeting of the planning
board. The subdivision administrator
will review the information to determine whether or not the application is
complete. If the application is
complete, the subdivision administrator will notify the applicant in writing
that the application is complete and accepted for review.
The planning board shall review the proposed subdivision. The thirty-five (35) day review period shall
commence on the date that the subdivision administrator accepts an application
as being complete.
For second and subsequent minor subdivisions the review process will be
extended to sixty (60) days and will commence on the date the subdivision
administrator notifies the applicant in writing that the application is
complete and accepted for review.
If the subdivision administrator determines that the application is
incomplete, the sub-divider shall be notified in writing of the deficiencies at
least five (5) days prior to the planning board meeting. The sub-divider may
then correct the deficiencies and present the application to the planning
board. If the application is complete,
the procedure specified above shall be followed.
B. Minor
Subdivision Plat Form and Content. The
minor subdivision plat submitted for review shall be prepared in form and with
contents and supplements as required for preliminary plats in these
regulations. The minor subdivision plat
shall conform to the design standards as set forth in these regulations.
C. Exemption
from Environmental Assessment. For the
first minor subdivision created from a tract of record the requirement for an
environmental assessment shall not apply.
For the second or subsequent minor subdivision from a tract of record
the planning board may waive preparation of all or any part of an environmental
assessment.
D. Public
Hearing. For the first minor subdivision
created from a tract of record the requirement for holding a public hearing
shall not apply. For the second or
subsequent minor subdivision from a tract of record the planning board shall
require a public hearing. When a public
hearing is held, the requirements in these regulations shall be followed.
E. Planning
Board Recommendation. The planning board
shall:
1. consider
the following:
(a) relevant
evidence relating to the public health safety, and welfare;
(b) the
City of
(c) review criteria as stated in Section F
below; and
(d) whether
the preliminary plat conforms to the provisions of:
(1) the
(2) these
regulations;
(3) applicable zoning regulations and/or the
comprehensive plan for the area involved; and
(4) other
regulations in effect in the area of the proposed subdivision.
2. Within
ten (10) days after any public hearing, the planning board acting in their
advisory capacity, shall submit in writing the following to the City Council:
(a) findings,
regarding the four items under Section d, above;
(b) recommended
findings of fact which weigh the review criteria; and
(c) a recommendation for approval,
conditional approval, or disapproval of the plat.
F. Preliminary
Plat Approval by City Council. The City
Council shall approve, conditionally approve, or disapprove the preliminary
plat within thirty-five (35) days of its determination of completeness, sixty
(60) days for a second or subsequent minor subdivision, unless the sub-divider
consents to an extension of the review period.
Subsequent subdivisions from a tract of record must be reviewed under
76-3-505 and regulations adopted pursuant to that section.
If the City Council rejects or conditionally approves the preliminary
plat, it shall forward one copy of the plat to the sub-divider accompanied by a
letter over the appropriate signature stating the reason for rejection or enumerating
the conditions which must be met to assure approval of the final plat.
The basis for the City Council’s decision to approve, conditionally
approve or reject a subdivision is whether the preliminary plat, applicable
environmental assessment, public hearing, planning board recommendations, or
additional information demonstrates that development of the subdivision meets
the requirements of this chapter.
The City Council shall issue written findings of fact that weigh the
following primary review criteria:
1. effects
on agriculture;
2. effects
on agricultural water user facilities;
3. effects
on local services;
4. effects
on the natural environment;
5. effects
on wildlife and wildlife habitat;
6. effects
on the public health and safety;
7. compliance
with survey requirements;
8. compliance
with the requirements of the MSPA;
9. compliance
with the regulations and review procedures of these local subdivision
regulations;
10. the provision of easements for the location
and installation of necessary utilities; and
11. the provision of legal and physical access
to each parcel within the subdivision and the required notation of that access
on the applicable plat and any instrument of transfer concerning the parcel.
The
City Council may withdraw approval of a plat if it determines that information
provided by the sub-divider, and upon which such decision was based, is
inaccurate.
G. The
City of
H.
1. In
reviewing a subdivision under subsection (E) and when requiring mitigation
under subsection (F), the city may not unreasonably restrict landowner’s
ability to develop land, but it is recognized that in some instances the
unmitigated impacts of a proposed development may be unacceptable and will
preclude approval of the plat.
2. When
requiring mitigation under subsection (F), the city shall consult with the
sub-divider and shall give due weight and consideration to the expressed
preference of the sub-divider.
I. Minor
Subdivision Preliminary Plat Approval Period.
Upon approving or conditionally approving a preliminary plat, the City
Council shall provide the sub-divider with a dated and signed statement of
approval. This approval shall be in
force for two calendar years. At the end
of this period the City Council may, at the request of the sub-divider, extend
its approval for no more than one calendar year, except that the City Council
may extend its approval for a period of more than one year if that approval
period is included as a specific condition of a written subdivision
improvements agreement between the City Council and the sub-divider, according
to 76-3-507, MCA.
After the preliminary plat is approved, the City Council may not impose
any additional conditions as a prerequisite to final plat approval, providing
said approval is obtained within the original or extended approval period as
provided above.
The City of
(1) the
reason for the denial or condition imposition;
(2) the
evidence that justifies the denial or condition imposition; and
(3) information
regarding the appeal process for the denial or condition imposition.
16.16.040 “Low Impact”
Minor Subdivisions
A. Criteria Defining “Low Impact” Minor Subdivisions
“Low impact” subdivisions are those
subdivisions where:
1. Only
one or two additional lots would be created;
2. The
proposed subdivision is the first division of land from a tract of record;
3. The
occasional sale or family conveyance exemptions have been previously used to create
the subject property or adjacent parcels; and
4. The
proposed subdivision is not located on land:
(a) unsuitable
for development, as defined by these subdivision regulations;
(b) subject
to natural or man-made hazards; or
(c) where significant adverse effects on
wildlife, the natural environment or public health or safety would occur.
5. The
proposed subdivision is served by City Sewer and Water and existing City
streets.
B.
Review Procedures for “Low
Impact” Minor Subdivisions
1. The
sub-divider and subdivision administrator hold a pre-application meeting.
2. Sub-divider
or agent submits plat and application to subdivision administrator. Application includes:
(a) 12
paper copies of plat that conforms to the requirements for preliminary plats,
except that (3) below can substitute for the required contour maps and drainage
plan;
(b) Plat’s
title block includes “Subdivision Plat No._____”;
(c) USGS topographic map showing location of
subdivision and road access;
(d) Evidence
of a suitable building site and verification that the property is served by
city water and sewer;
(e) Evidence
of legal and physical access, including adequate and appropriate easements if
necessary, and necessary utility easements;
(f) Names
of property owners adjacent to subdivision;
(g) An
improvements agreement and financial guaranty, if applicable; and
3. When
the administrator notifies the sub-divider in writing the application accepted
as complete, the statutory thirty-five (35) day review period, and if possible,
a shorter (15-21 day) local review period for “low impact” subdivisions will
start.
4. Subdivision
administrator reviews subdivision plat and application for compliance with:
(a) survey
requirements;
(b) local
design standards;
(c) provision of legal and physical access,
including adequate and appropriate easements, if necessary;
(d) utility
easements;
(e) primary
review criteria of 76-3-608 MCA; and
(f) an
acceptable improvements agreement with financial guaranty, if applicable.
5. Subdivision
administrator reviews plat and application and submits a recommended written
Findings of Fact pursuant to 76-3-608 MCA, to the City Council within 7-14 days
after submittal.
6. The
City Council, at its next regular meeting, makes any changes to the written
Findings of Fact, and acts to approve, conditionally approve or disapprove the
subdivision. The sub-divider is notified
of the City Council’s action.
7. The
sub-divider:
(a) completes
any required surveying functions and prepares a final plat that complies with
the Uniform Standards for Surveying and Monumentation;
(b) meets
any conditions specified by City Council;
(c) submits final plat, any supplements,
cash donation in lieu of park land if required to the administrator for a final
check; and
(d) submits
final plat and required documents to the
16.20 Planned Unit Developments
Sections:
16.20.010 Intent
16.20.020 Designation as
P.U.D.
16.20.030 Procedures
16.20.040 Design Standards
16.20.010 Intent The intent of this section is to provide
flexibility ln certain subdivision standards, allowing the sub-divider
creativity in subdivision design using a concept which clusters development to
promote economies in providing services while preserving and enhancing open
space and unique natural features. The
Planned Unit Development (P.U.D.) concept promotes the planning of a tract of
land to allow for a single use such as residential or for a harmonious
combination of uses, such as a mixture of residential and commercial.
16.20.020 Designation
as P.U.D
A. The
proposed subdivision must be designated as a P.U.D. by the planning board
before being reviewed under this Section.
To obtain designation of a subdivision as a P.U.D., the sub-divider
before submitting a preliminary plat application, must submit to the planning
board the following:
1.
A written request that the plan of the
proposed subdivision is to be reviewed as a P.U.D.
2. Twelve
(12) copies of the layout plan showing the proposed location and use of lots
and structures, and the location and number of parking spaces, if appropriate.
3. Twelve
(12) copies a of a sketch plan of the proposed subdivision, containing all
information requested Pre-application Procedures set out in these regulations.
4. A
description of open space, recreational facilities, roads and other facilities
proposed to be under common ownership.
5. Proposed
restrictive covenants, if any.
6. A
statement of proposed forms of property ownership within the development.
7. A
statement describing measures to be taken to assure permanence and maintenance
of open space and other facilities to be held in common ownership.
8. A
schedule showing street and utility improvement completion dates.
9. A
description of all proposed modifications from the Design and Improvement
Standards herein.
10.
Any additional reasonable
information that the planning board may require.
B. Criteria
for Designation. The planning board
shall review the information and proposed plan and, before designating the
subdivision a P.U.D. shall determine that the development plan promotes the
clustering of individual building sites, conforms to the definition and intent
of this section, and does one or more of the following:
1. Preserves
to the maximum extent possible the natural characteristics of the land
including topography, vegetation, streams and other bodies of water.
2. Provides
economies in the provision of roads and other public improvements.
3. Preserves
productive agricultural land, open space or riparian areas.
4. Protects
important historic sites or structures or areas of important wildlife habitat.
5. Provides
developed facilities for recreational purposes.
C. Notification
of Sub-divider. The planning board shall
review the plan and within ten (10) days of the planning board meeting, write a
letter to the sub-divider stating that the plan has or has not been designated
a P.U.D. If disapproved, the reasons for
disapproval shall be stated in the letter.
D. Designation
is not Approval. Designation as a P.U.D.
does not constitute approval of the specific details or modifications proposed
by the plan.
16.20.030 Procedures. If the City Council designates the
development plan a P.U.D., the preliminary plat may be submitted for
review. Submittal shall comply with
requirements and procedures contained in the provisions in these regulations
governing the following:
A. Subdivision Review and Approval Procedures
B. Preliminary Plats
C. Final Plats
16.20.040 Design Standards.
A. P.U.D.’s
must comply with the appropriate standards contained in the Design and
Improvement Standards of these regulations, as stated in 16.32.010 “General
Standards.”
B. The
design and improvement standards contained herein (lots, blocks, streets and
roads, improvements, street, road and building identification, and park land
requirements) may be modified by the City Council upon request of the
sub-divider where the plan for a P.U.D. includes provisions for efficient
traffic circulation, adequate light, air and open space and where such
standards are not practical or reasonable in respect to the overall P.U.D.
subdivision design. In such cases, no
application for a variance under of these regulations shall be necessary.
C. Determining
Overall Density. In those areas where no
zoning exists, the planning board shall determine in consultation with the
Sub-divider the overall dwelling unit density.
D. Streets. The arrangement, type, extent, width, grade
and location of all streets shall be considered in their relation to existing
and planned streets, to topographical conditions and to public convenience and
safety.
E. Each
planned unit residential development shall provide at least one-ninth (l/9) of
the platted area, exclusive of all other dedications, for common open
space. The open space shall be:
1. Held in common ownership by a property owners’ association; or
2. Dedicated to public use, if acceptable to the City Council; or
3. A combination of “a” or “b” above.
Chapter 16.24 Subdivisions
Created By Rent Or Lease
Sections:
16.24.010 Procedures for
Review
16.24.020 General Standards
for Subdivisions Created By Rent or Lease
16.24.030 Streets
16.24.040
16.24.050 Recreational
16.24.010 Procedures for
Review
A. Definition. A subdivision created by rent or lease,
including a mobile home or recreational vehicle park, is any tract of land
divided by renting or leasing portions thereof.
It is owned, however, as one parcel under single ownership (which can
include a number of persons owning property in common).
B. Review
and Approval. Subdivisions created by
rent or lease are exempt from the surveying and filing requirements of the
Montana Subdivision and Platting Act but must be submitted for review and
approved by the City Council before portions thereof may be rented or
leased. The sub-divider shall submit a
completed application form, with twelve (12) copies and twelve (12) copies of
the preliminary plat of the proposed development. Approval will be based upon the primary
review criteria in the preliminary plat approval provisions of major
subdivisions in these regulations.
C. Improvements. Before any portion of a rental or lease
subdivision may be rented or leased the sub-divider shall have installed all
required improvements. Preliminary
plans, profiles, tentative grades and specifications for proposed improvements
shall be submitted to the City Council for its approval prior to the
construction of improvements. The City Council will provide for inspection of
all required improvements in order to assure conformance with the approved
construction plans and specifications, costs of which will be reimbursed to the
City by the sub-divider.
D. Summary
Review. Where a rental or lease subdivision
qualifies as a minor subdivision, it may receive summary review as provided for
these regulations.
E. Final
Plan Review. In lieu of filing a final
plat, the sub-divider shall submit a plan conforming to the requirements for
preliminary plats contained in these regulations. The plan shall show the lot layout and the
typical location of the mobile home, recreational vehicle, or other unit on the
lot. The sub-divider shall submit the
plan to the subdivision administrator.
The plan will be reviewed to assure that it conforms to the approved
preliminary plan. The approved plan
shall be maintained in the office of the City Clerk.
F. DHES
License. Mobile home and recreational
vehicle parks are required to be licensed by the Montana Department of
Environmental Quality under the provisions of Title 50, Chapter 52, MCA.
16.24.020 General
Standards for Subdivisions Created by Rent or Lease
A. Design
Standards. Subdivisions created by rent or
lease shall comply with the Design and Improvements Standards of these
regulations, unless otherwise noted.
B. Additional
Provisions. The City Council may require
provision for:
1. Storage
facilities on the lot or in compounds located within a reasonable distance.
2. A
central area for storage or parking of boats, trailers, or other recreational
vehicles, and excess vehicles.
3. Landscaping
to serve as a buffer between the development and adjacent properties.
4. An
off - street area for mail delivery.
5. Street
lighting.
16.24.030
A.
Mobile Home Lots
1. Mobile
home lots must be arranged to permit the safe and practical placement and
removal of mobile homes.
2. All
mobile homes must be located at least 25 feet from any property boundary line
abutting upon a public street or highway right‑of‑way and at least
15 feet from other boundary lines of the park.
3. The
mobile home pad must be located at least ten feet from the street that serves
it.
4. The
size of the mobile home pad shall be suitable for the general market to be
served and shall fit the dimensions of mobile homes anticipated.
5. A
mobile home pad may not occupy more than one‑third (1/3) of the area of
its lot. The total area occupied by a
mobile home and its roofed accessory buildings and structures may not exceed
two‑thirds (2/3) of the area of a lot.
6. The
Council may require that the mobile home pad be improved to provide adequate
support for the placement and tie‑down of the mobile home.
7. No
mobile home nor its attached structures, such as awning or carports, may be
located within 20 feet of any other mobile home or its attached structures.
8. No
detached structure, such as a storage shed and camp trailers may be located
within five feet of any mobile home or its attached structures.
9. A
minimum of two off‑street parking spaces must be provided on or adjacent
to each mobile home lot. The driveway
must be located to allow for convenient access to the mobile home. The minimum width shall be ten feet.
10. One guest parking space for each ten
mobile home lots must be provided. Group
parking may be provided.
11. The
limits of each mobile home lot must be clearly marked on the ground by
permanent flush stakes, markers or other suitable means. Location of lot limits on the ground must be
approximately the same as shown on the acceptable plans. The degree of accuracy obtainable with an
engineer’s scale and a tape is acceptable.
Precise engineering of lot limits is not required either on the plans or
on the ground.
12. Each
mobile home shall be skirted within 60 days after said mobile home is moved
upon a lot within the mobile home park.
Said skirting shall be of a fire‑resistant material similar to
that of which the mobile home exterior is constructed and attached to the mobile
home.
B. Streets. Streets within a mobile home park must meet
the design standards for streets and roads in the design standards of these
regulations. Streets must be designed to
allow safe placement and removal of mobile homes.
C. Electrical
Systems. Electrical systems installation
must be designed and constructed in accordance with the applicable codes
adopted by the State of
D. Gas
Systems. Gas equipment and installations
must be designed and constructed in accordance with the applicable codes
adopted by the State of
1. A
readily accessible and identified shutoff valve controlling the flow of gas to
the entire gas piping system must be installed near to the point of connection
of the liquefied petroleum gas container.
2. Each
mobile home lot must have an accessible, listed gas shutoff installed. Such valve shall not be located under a
mobile home. Whenever the mobile home
lot outlet is not in use, the shutoff valve must be plugged to prevent
accidental discharge.
16.24.040 Recreational
A. Spaces
in recreational vehicle parks must be arranged to permit safe parking and
removal of recreational vehicles.
B. Recreational
vehicles must be separated from each other and from other structures by at
least 15 feet. Any accessory structures
such as attached awnings must, for purposes of this separation requirement, be
considered part of the recreational vehicle.
C. All
recreational vehicle spaces must be located at least 25 feet from a public
street or highway right‑of‑ way.
D. The
density shall not exceed 25 recreational vehicle spaces per acre of gross site
area.
E. Streets
must be designed to provide safe access to public roads, including approaches
with sufficient width to allow safe turning onto public roads.
F. Roads
within the recreational vehicle park must be designed to provide safe parking
and removal of recreational vehicles, and safe circulation within the park.
G. One-way
roads must be at least 15 feet wide; two-way roads must be at least 24 feet
wide.
Chapter 16.28 Condominiums
Sections:
16.28.010 Procedures
16.28.020 Standards
16.28.010 Procedures All condominium developments are subdivisions
subject to the terms of the Montana Subdivision and Platting Act as follows:
A. The
construction of condominium buildings or installation of related public
improvements is not subject to subdivision review and approval procedures if
the condominiums or improvements are to be constructed in a subdivision
approved and filed after July 1, 1973, and if the approval of the subdivision
was based on the anticipated construction of the condominiums and improvements.
B. Where
no division of land is created by a condominium subdivision, the subdivision must
be reviewed under the procedures contained in the Procedures for Subdivisions
Created by Rent or Lease of these subdivision regulations, with the following
exception: in lieu of the completion of
all required improvements before final approval is given, the sub-divider may
enter into a subdivision improvements agreement as defined in Section 16.12.040
(E) of these regulations.
C. Where
divisions of land take place in a condominium subdivision, the subdivision must
be reviewed under the Procedures contained in the following sections under
Major Subdivisions:
1. Subdivision Review and Approval Procedures
2. Preliminary Plats
3. Final Plats
16.28.020 Standards
A. Condominium
developments must comply with those standards contained in these design and
Improvement Standards in these regulations, which the City Council deems
applicable.
B. Condominium
developments shall meet the minimum standards of the Montana Department of
Environmental Quality.
C. Condominium
developments shall comply with all provisions of the Unit Ownership Act,
Sections 70‑23‑102 through 70‑23‑703, MCA.
Chapter 16.32 General Design
and Improvement Standards
Sections:
16.32.010 General Standards
16.32.010 General
Standards All subdivisions
approved by the City Council must comply with the provisions of this section,
except where granted a variance pursuant to section 16.08.020. The City Council may not grant variances from
the floodplain provisions of these regulations.
For planned unit developments, subdivisions created by rent or lease,
and condominiums, refer to the specific area of these regulations governing
them.
A. Conformance. The design and development of a subdivision
shall conform with the comprehensive plan, zoning ordinance, and other
resolutions and regulations of the City.
B. Natural
Environment. The design and development
of subdivisions must provide satisfactory building sites which are properly
related to topography, and must preserve the natural terrain, natural drainage,
existing topsoil, trees, cultural and historic resources, and natural
vegetation to the extent possible.
C. Lands
Unsuitable for Subdivision. The City
Council may find land to be unsuitable for subdivision because of potential
hazards such as flooding, snow avalanches, rock falls, land slides, steep
slopes in excess of 25 percent slope, high potential for wildfire, subsidence,
high water table, polluted or non-potable water supply, high voltage lines,
high pressure gas lines, aircraft or vehicular traffic hazards or congestion,
or severe toxic or hazardous waste exposure; or because of unreasonable burdens
on the general public such as requirements for the excessive expenditure of
public funds or environmental degradation; or other features which may be
detrimental to the health, safety, or general welfare of existing or future
residents. These lands must not be
subdivided for building or residential purposes unless the hazards are
eliminated or will be overcome by approved design and construction plans.
D. Floodplain
Provisions. Land located in the floodway
of a flood of 100 year frequency as defined by Title 76, Chapter 5, MCA as
delineated by the Montana Department of Natural Resources and Conservation, or
land deemed subject to flooding as determined by the City Council shall not be
subdivided for building or residential purposes, or other uses that may
increase or aggravate flood hazards to life, health, or property.
If
any portion of a proposed subdivision is within 2,000 horizontal feet and 20
vertical feet of a live stream draining an area of 25 square miles or more, and
no official floodway delineation or floodway studies of the stream have been
made, the sub-divider must furnish survey data to the Floodplain Management
Section of the Water Resources Division of the Montana Department of Natural
Resources and Conservation. Survey data must comply with the Standards for
Flood Hazard Evaluations as contained in Appendix F of these regulations. After the Floodplain Management Section of
the Water Resources Division has prepared a report delineating the floodway,
the sub-divider must submit it to the planning board along with the
Environmental Assessment required for the preliminary plat.
The
City Council must waive this requirement where the sub-divider contacts the
Water Resources Division and that agency states in writing that available data
indicated that the proposed subdivision is not in a flood hazard area.
E. Improvement
Design. Engineering and survey plans,
specifications and reports required in connection with public improvements and
other elements of the subdivision required by the City Council shall be
prepared by a registered engineer or a registered land surveyor as their
respective licensing laws allows in accordance with the Montana Subdivision and
Platting Act and these regulations.
The
City Council will require a sub-divider to pay or guarantee payment for part or
all of the costs of extending capital facilities related to public health and
safety, including but not limited to public roads, sewer lines, water supply
lines, and storm drains to a subdivision.
The costs must reasonably reflect the expected impacts directly
attributable to the subdivision.
F. Lots. Each lot must contain a satisfactory building
site which is properly located to topography and conforms to health department
regulations, zoning regulations, and these regulations.
1. No
single lot shall be divided by a municipal boundary line.
2. No
single lot shall be divided by a public street, road, alley or utility right‑of
way or easement.
3. Each
lot shall abut and have access to a public or private street or road. Alleys may not be used to provide the primary
means of access to a lot.
4. Corner
lots shall be of sufficient area to provide acceptable visibility for traffic
safety.
5. No
lot shall have an average depth greater than three times its average width.
6. Side
lot lines shall be at substantially right angles to street or road lines and
radial to curved street or road lines.
7. Through
lots are prohibited except where essential to provide separation of residential
development from traffic arteries or to overcome specific disadvantages of
topography or orientation.
8. Liquid
petroleum gas storage tanks are limited in size to 500 gallons water capacity,
also no one lot can have more than one 500 gallon tank.
G. Blocks
1. Blocks
shall be designed to assure traffic safety and ease of traffic control and
circulation, to accommodate the special needs of the use contemplated, and to
take advantage of the limitations and opportunities of the topography.
2. Block
length shall not be designed, unless otherwise impractical, to be more than
1,600 feet.
3. Blocks
shall be wide enough to allow for two tiers of lots except where essential to
provide separation of residential development from traffic arteries or to
overcome specific disadvantages of topography and orientation or unless the
City Council approves the design of irregularly shaped blocks indented by
cul-de-sacs.
4. Rights-of-way
for pedestrian walks, not less than ten feet wide, shall be required where
deemed essential to provide circulation or safe access to schools, playgrounds,
shopping, transportation and other community facilities.
H. Streets and Roads
1. Designs
(a) The
arrangement, type, extent, width, grade and location of all streets shall be
considered in their relation to existing and planned streets, to topographical
conditions and to public convenience and safety, and in their relation to the
proposed uses of the land to be served by them.
(b) Roads
in low density subdivisions shall meet the design specifications in Table 5.
(c) Streets and roads in high density
subdivisions shall meet the design specifications in Table _____.
(d) Where
streets terminate, either a cul-de-sac or “T” turnaround must be provided at
the terminus. Cul-de-sacs and “T”
turnarounds must conform to the design specifications in Table ___.
(e) All
streets within a subdivision shall either be dedicated to the public or be
private streets to be owned and maintained by an approved property owners’
association.
(f) Residential
driveways shall not have direct access to primary highways. For extreme circumstances the Montana
Department of Transportation may issue a road approach permit.
(g) Local
streets shall be designed so as to discourage through traffic.
(h) Whenever
a subdivision abuts or contains an existing or proposed arterial highway or
major thoroughfare, the City Council may require frontage roads, with a
reservation prohibiting access along the rear property line, deep lots, or
other treatment as may be necessary for adequate protection of residential
properties and to separate arterial and local traffic.
(i) Preservation
and extension of the street grid is essential and dead end streets are
discouraged. Streets shall extend to the
boundary of the subdivision or be so platted and accompanied with an
irrevocable offer to dedicate a public right-of-way to the boundary if any
possibility of development exists beyond.
Dead end streets shall be provided with a cul-de-sac and not be longer
than 1000 feet.
(j) Half
streets are prohibited except where essential to the development of the
subdivision and where the City Council is assured that it will be possible to
require the dedication of the other half of the street when the adjoining
property is subdivided. Whenever an
existing half street is adjacent to a tract to be subdivided, the other half of
the street shall be platted within such tract.
(k) Horizontal
alignment of streets shall ensure adequate sight distances.
(l) Intersections. The following items apply to intersections:
(2) streets
shall intersect at 90 degree angles, except when topography precludes, and in
no case shall the angle of intersection be less than 60 degrees to the center
line of the roadway being intersected.
(3) two
streets meeting a third street from opposite sides must be offset at least 125
feet for local roads and 300 feet for arterial or collectors.
(4) no
more than two streets may intersect at one point.
(5) intersections
of local streets with major arterial or highways shall be kept to a minimum.
(6) intersection
design shall provide acceptable visibility for traffic safety as dictated by
the designed operating speeds on the individual roadways.
(7) hilltop
intersections are prohibited, except where no alternatives exist. Intersections on local roads within 100 feet
of a hilltop are prohibited.
Intersections on arterial and collector roads within 200 feet of a
hilltop are prohibited.
(8) maximum grade of approach to major
highways shall not exceed five percent.
(l) Names
of new streets aligned with existing streets shall be the same as those of the
existing streets. Proposed street names
shall not duplicate or cause confusion with existing street names, in
conformance with the City addressing system.
I.
Improvements
1. All
roadway improvements including pavement, curbs, gutters, sidewalks, and
drainage shall be constructed in accordance with the specifications and
standards prescribed in these regulations, using materials approved by the
City.
2. Roadway
sub-grades shall be free of topsoil, sod, vegetation or organic matter, soft
clay, or other substandard materials, properly rolled, shaped and compacted and
subject to approval by the City.
3. Where
access from a public road to the subdivision will cross properties not owned by
the sub-divider, the sub-divider must obtain proper easements, at least 60 feet
wide, from each property owner or the appropriate administrator of public
lands. Each easement must allow
construction and perpetual maintenance of a road across the property and allow
vehicular travel on the road.
Adequate
and appropriate easements must be granted by each property owner through a
signed and notarized document that grants the easement in conformance with the
design standards herein.
The
location of any road easements must be shown on the plat or on a supplemental
map. The existence of easements must be
noted on the face of the final plat and on any deeds or other instruments
conveying lots within the subdivision.
4. Streets
must be designed to ensure proper drainage, including, but not limited to,
surface crown, culverts, curbs and gutters, drainage swale and storm drains.
5. Existing trees and other vegetation shall be
preserved whenever possible. Plantings
may be required for buffering, screening, or soil erosion protection and are
subject to approval by the City Council.
6. Street
light installation will be required by the City Council on all streets within
the subdivision or will be included as part of the public improvements
agreement.
7. Street
or road signs and traffic control devices, of the size, shape and height
approved by the City Council, shall be placed at all intersections by the
developer or included as part of the public improvements agreement. Traffic control devices shall be consistent
with “Manual on Uniform Control Devices,” available from the Montana Department
of Highways.
8. If
mail delivery will not be to each individual lot within the subdivision, the developer
shall provide an off street area for mail delivery within the subdivision in
cooperation with the United States Post Office.
Responsibility for maintenance may be included as part of the public
improvements agreement.
9. An
addressing system shall be developed in conformance with the requirements of
the ordinances of the City of
K. Drainage
Facilities
1. The
drainage system and facilities required for any surface run‑off affecting
the subdivision is subject to the approval of the City Council. Subdivisions containing less than 20 acres in
size also must meet the minimum drainage standards of the Department of
Environmental Quality.
2. Curbs
and gutters or swales shall be required as determined by the City Council
according to the character of the area, density of development, and nature of
adjoining properties. Curbs and gutters
of adjoining properties shall be extended according to current specifications
of local and state authorities.
3. Culverts
or bridges of adequate size shall be provided and installed by the sub-divider
where drainage channels intersect any street right‑of‑way or
easement. All culverts shall extend at
least across the entire width of the base of the fill; the amount of backfill
to be placed over the culvert and the culvert’s capacity shall be determined by
a registered engineer. This shall
include arrangements for driveway culverts.
4. The
sub-divider must provide suitable drainage facilities for any surface run-off
affecting the subdivision; these facilities shall be located in street rights‑of‑way
or in perpetual drainage easements of appropriate widths and are subject to
approval by the City Council.
5. Each
culvert or other drainage facility shall be large enough to accommodate
potential run‑off from upstream drainage areas.
6. Drainage
systems shall not discharge into the municipal sanitary sewer facility.
7. The
grading and drainage system shall be designed and certified by a registered
engineer.
8. The City Council may require the
sub-divider to grant easements to prevent encroachment or disruption of
drainage ways or facilities. Drainage
easements must be drawn on the plat and a signed statement granting the
easements must appear on the plat.
L. Water
Supply Systems. All subdivisions shall
be required to connect to the municipal supply system. The sub-divider shall install complete water
system facilities in accordance with the requirements of the City and the
Montana Department of Environmental Quality.
The sub-divider shall submit plans and specifications for the proposed
facilities to the City and to the Montana Department of Environmental Quality,
and shall obtain their approvals prior to undertaking any construction.
M. Sewage
Treatment Systems. The sub-divider shall
install complete sanitary sewer system facilities in accordance with the
requirements of the City and the Montana Department Environmental Quality. The sub-divider shall submit plans and
specifications for the proposed facilities to the City and to the Montana
Department of Environmental Quality, and shall obtain their approvals prior to
undertaking any construction.
If
a lift station is required as a condition of approval of the subdivision, the
sub-divider shall provide for long-term ownership and maintenance of the lift
station by formation of a homeowners association and placing restrictive
covenants on the lots.
N. Solid
Waste. The sub-divider shall assure that
provisions for collection and disposal of solid waste meet the regulations and
minimum standards of the Montana Department of Environmental Quality. The means for solid waste collection and
disposal shall be subject to approval by the City Council.
O. Utilities
1. Utilities
shall be placed underground, wherever practical. Underground utilities, if placed in the
street right-of-way, shall be located between the roadway and the right-of-way
line to simplify location and repair of lines.
Such underground facilities shall be installed after the street has been
brought to grade and before it is surfaced, to eliminate as far as practicable
the necessity for disturbing such surfacing for the connection of individual
services.
2. Overhead
utility lines shall be located at the rear property line, where practical.
3. Utility
facilities shall be designed by utility firms in cooperation with the
sub-divider, subject, however, to all applicable laws and ail rules and
regulations of any appropriate regulatory authority having jurisdiction over
such facilities.
P.
Utility and Drainage
Easements
1. Where
required by the City Council, the sub-divider shall provide adequate and
appropriate easements for utilities, drainage and vehicular or pedestrian
access. The sub-divider must obtain any
easements necessary to extend utilities to the subdivision.
2. Utility
easements shall be centered along side and rear lot lines wherever necessary,
and, if placed in the street, be located between the roadway and the
right-of-way line.
3. Utility
easements shall be 15 feet wide unless otherwise specified by a utility company
or City Council.
4. Where
a utility is to be located in an existing, dedicated right–of-way, a notice of
utility occupancy must be obtained from the City Council and the local or state
highway department.
5. Where
a subdivision is traversed by a watercourse, drainage way, channel, ditch, or
stream, easements or rights-of-way may be required to parallel the lines of
such watercourse at a sufficient width to allow for maintenance or to protect
natural drainage. A minimum width of ten
feet is required each side of irrigation canals for maintenance on each side of
irrigation canals for maintenance purposes.
6. In
addition to showing the location of the easement on the plat with dashed lines,
the following statement shall be on the final plat:
“The undersigned hereby grants
unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of
an easement for the construction, maintenance, repair and removal of their
lines and other facilities, in, over, under and across each area designated on
this plat as “Utility Easement” to have and to hold forever.”
Q.
Vacation of plats—utility
easements
1. Any
plat prepared and recorded as provided in this section may be vacated either in
whole or in part as provided by 7-5-2501, 7-5-2502, 7-14-2616 (1) and (2),
7-14-2617, 7-14-4114 (1) and (2), and 7-14-4115. Upon vacation, the City Council or the
District Court, as provided in 7-5-2502, shall determine to which properties
the title to the streets and alleys of the vacated portions must revert. The City Council or the District Court, as
provided in 7-5-2502, shall take into consideration the previous platting; the
manner in which the right-of-way was originally dedicated, granted, or
conveyed; the reasons stated in the petition requesting the vacation; the
parties requesting the vacation; and any agreements between the adjacent
property owners regarding the use of the vacated area. The title to the streets and alleys of the
vacated portions may revert to one or more of the owners of the properties
within the platted area adjacent to the vacated portions.
2. However,
when any pole-line, pipeline, or any other public or private facility is
located in a vacated street or alley at the time of the reversion of the title
to the vacated street or alley, the owner of the public or private utility
facility has an easement over the vacated land to continue the operation and
maintenance of the public utility facility.
R.
1. Except
as provided in subsections (2), (3) and (6), a sub-divider shall dedicate to
the City of
(a) 11%
of the area of the land proposed to be subdivided into parcels of one-half acre
or smaller;
(b) 7.5%
of the area of the land proposed to be subdivided in parcels larger than
one-half acre and not larger than 1 acre;
(c) 5% of the area of the land proposed to
be subdivided into parcels larger than 1 acre and not larger than 3 acres; and
(d) 2.5%
of the area of the land proposed to be subdivided into parcels larger than 3
acres and not larger than 5 acres.
2. When
a subdivision is located totally within an area for which density requirements
have been adopted pursuant to a master plan under Title 76, chapter 1, or
pursuant to zoning regulations under Title 76, chapter 2, governing body may
establish park dedication requirements based on the community need for parks
and the development densities identified in the plans or regulations. Park dedication requirements established
under this subsection are in lieu of those provided in subsection (1) and may
not exceed 0.03 acres per dwelling unit.
3. A
park dedication may mot be required for:
(a) a
minor subdivision;
(b) land
proposed for subdivision into parcels larger than 5 acres;
(c) subdivision into parcels that are all
nonresidential;
(d) a
subdivision in which parcels are not created, except when that subdivision
provides permanent multiple space for recreational camping vehicle, mobile
homes, or condominiums; or
(e) a
subdivision in which only one additional parcel is created.
4. The
City Council, in consultation with the sub-divider and the planning board or
park board that has jurisdiction, may determine suitable locations for parks
and playgrounds and, giving due weight and consideration to the expressed
preference of the sub-divider, may determine whether the park dedication must
be a land donation, cash donation, or a combination of both. When a combination of land donation and cash
donation is required, the cash donation may not exceed the proportional amount
not covered by the land donation.
5. In
accordance with subsections 5a) and 5b) below, the governing body shall use the
dedicated money or land for development, acquisition, or maintenance of parks
to serve the subdivision.
(a) The
City Council may use the dedicated money to acquire, develop, or maintain,
within its jurisdiction, parks or recreational areas or for the purchase of
public open space or conservation easements only if:
(1) The
park, recreational area, open space, or conservation easement is within a
reasonably close proximity to the proposed subdivision; and
(2) The
City Council has formally adopted a park plan that establishes the need and
procedures for use of the money.
(b) The
governing body may not use more than 50% of the dedicated money for park
maintenance.
6. The
City Council shall waive the park dedication requirement if:
(a) the
preliminary plat provides for a planned unit development or other development
with land permanently set aside for park and recreational uses sufficient to
meet the needs of the persons who will ultimately reside in the development;
and
The
area of the land and any improvements set aside for park and recreational
purposes equals or exceeds the area of the dedication required under subsection
(1);
(b) the
preliminary plat provides long-term protection of critical wildlife habitat;
cultural, historical, or natural resources; agricultural interests; or
aesthetic values; and the area of the land proposed to be subdivided, by virtue
of providing long-term protection provided for in subsection b) above, is
reduced by an amount equal to or exceeding the area of the dedication required
under Subsection (1).
(c) the area of the land proposed to be
subdivided, by virtue of a combination of the provisions of subsection 6 (a)
and (b), is reduced by an amount equal to or exceeding the area of the
dedication required under subsection (1).
7. For
the purposes of this section:
(a) “dwelling
unit” means a residential structure in which a person or persons reside; and
(b) “cash
donation” is the fair market value of the unsub-divided, unimproved land.
8. Funds in a park fund that exceed
$10,000 as of _________________________ must be used for park land acquisition
and initial development. Funds in a park
fund up to $10,000 as of ___________________________ may be used for park
maintenance in accordance with a formally adopted park plan.
S. Fire
Protection. All subdivisions shall be
planned, designed, constructed, and maintained so as to minimize the risk of
fire and to permit the effective and efficient suppression of fires in order to
protect persons, property, and forested areas.
In setting standards, the City Council shall consult the Uniform Fire
Code, International Fire Code adopted by the State of
1. The
placement of structures in such a manner so as to minimize the potential for
flame spread to permit efficient access for fire fighting equipment.
2. An
adequate water supply and water distribution system including fire hydrants to
fight fires on site, when required by the City Council.
3. No
highly flammable substance such as straw, hay or other materials shall be used
as insulation material around any mobile home, recreational vehicle, home, or
other structure.
T. Weed
Abatement. The following procedures will
be implemented for all new minor or major subdivisions, subdivisions developed
for rent of lease, planned unit developments and condominiums within the limits
of the City of
1. A weed management plan must be filed
and approved by the Beaverhead County Weed Board or its representative. This plan will include:
(a) the
owner or representatives name and address
(b) location
by legal description
(c) noxious weed date, including:
(1) Types
of noxious weeds
(2) Approximate
acres of infestations
(3) Planned
weed control activities
(4) Plans
for future weed control (3 - 5 years)
(5) Map
of location of subdivision and weed locations
(6) Signature
of owner
2. After reviewing the plan and the
subdivision, the plan will be acted on.
If the plan is approved, and approval letter will be sent to:
(a) the
sub-divider or representative
(b) the
Board of
(c) the City of
(1) revise
and resubmit the plan
(2) request
assistance from the Weed Board or its representative in revising the plan
(3) request an administrative hearing
pursuant to Section 7-22-2110, MCA
3. An inspection of the subdivision will be
completed by the sub-divider and the County Weed Board or its
representative. All noxious weeds will
be treated by the sub-divider before any disturbance occurs. If the proposed development occurs during the
winter, the sub-divider then will treat all noxious weeds the next spring.
4. The sub-divider must minimize the extent
and duration of soil exposure during the subdividing activities.
5. Weed free seed must be used for all
distribution areas to retain and enhance desired vegetation.
6. The sub-divider must convey to future
owners that a weed management plan has been approved. Also that it is unlawful to permit the
propagation of noxious weeds on their land