Ordinance 987 - Adopts Subdivision RegulationsC ORDINANCE NO. 987
AN ORDINANCE TO ADOPT SUBDIVISION REGULATIONS FOR THE CITY OF KALIS-
PELL; TO PROVIDE EFFECTIVE DATE.
WITNESSETH:
WHEREAS, by the Montana Subdivision and Platting Act, and Sec-
tion 76-3-501, M.C.A., the City of Kalispell is required to adopt
-and provide for the enforcement and administration of subdivision
regulations reasonably providing for the orderly development of the
City of Kalispell; and
WHEREAS, heretofore the City of Kalispell has operated under
the basic subdivision regulations of the State of Montana and the
subdivision regulations adopted by Flathead County; and
WHEREAS, the Kalispell City Council, with the assistance of the
Flathead Regional Development Office, has developed a draft of pro-
posed comprehensive subdivision regulations to provide for the or-
derly development of the City of Kalispell, and a public or input
session has been advertised and held on said draft of proposed regu-
lations seeking public participation in the preparation of said
draft of proposed subdivision regulations; and
WHEREAS, on the 24th day of June, 1981, a public hearing, duly
noticed, was held by the City Council on the intent of the City to
adopt said proposed regulations; and all reasonable amendments or
modifications indicated as a result of such public hearing have been
made therein; and
WHEREAS, said proposed subdivision regulations have been sub-
mitted to the Division of Planning and Economic Development of the
Department of Community Affairs, or its successor agency, for review
and that agency has approved the regulations as proposed with cer-
tain amendments and such amendments have been made therein.
- NOW, THEREFORE, the Kalispell City Council does hereby ordain
and adopt as the Subdivision regulations in and for the City of
Kalispell, the regulations attached hereto as Exhibit "A" and which
by this reference are made a part hereof. These regulations shall
and do supersede the basic State of Montana Subdivision Regulations
and/or the Subdivision Regulations of Flathead County as the Subdi-
vision Regulations of the City of Kalispell.
This ordinance shall be effective thirty (30) days from and
after its final passage by the Council and approval by the Mayor.
FINALLY
MONTANA, AND
1981.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
APPROVED BY THE MAYOR THIS 8th DAY OF September A
V"
Norma E. Happ, Mayor �
ATTEST.
�uw
Marjorie Giermann, City Clerk
I, Marjo,,ie Giennan , City Clerk of the City of Kalispell, Montana, do certify that on
the / q jA day of . � , , 19 � i , I posted a copy of the foregoing ordinance in my
office, and the same ed posted until the second reading on theft L day of i,,
19_L, and the foregoing is a true and correct copy of t e ordinance as passed by t
City Council.
Ci
Kalispell., Montana
') c)
SUBDIVISION REGULATIONS,
CITY OF KALISPELL, MONTANA
I
FINAL DRAFT:
SUBDIVISION REGULATIONS,
CITY OF KALISPELL, MONTANA
Flathead Regional Development Office
723-5th Avenue East, Room 414
Kalisnel 1. M[ nranA 599n1
TABLE OF CONTENTS
Chapter 1 GENERAL PROVISIONS Page
1.1
Title
1
1.2
Authority
1
1.3
Purpose
1
1.4
Jurisdiction
1
1.5
Severability
2
1.6
Responsibility
2
Chapter 2
PROCEDURES
2.1
Pre -Application
3
2.2
Preliminary Plat
3
2.3
Improvements Drawings
8
2.4
Final Plat
9
2.5
Final Plat Filing
13
2.6
Correcting or Amending Filed Final Plats
13
2.7
Summary Subdivision Review
13
2.8
Procedures for Subdivisions Created by
Lease or Rent.
15
Chapter 3
DESIGN STANDARDS
3.1
FZoodplain Provision
16
3.2
Lands Unsuitable for Subdivision
16
3.3
Lots
16
3.4
Blocks
16
3.5
Streets
17
3.6
Alleys
19
3.7
Curbs and Gutters
19
3.8
Sidewalks
19
3.9
Street.Lighting
19
3.10
Bikeways
20
3.11
Grading and Drainage
20
3.12
Easements.
21
3.13
Landscaping
21
3.14
Water System
21
3.15
Sanitary Sewer System
21
3.16
Park Land Dedication
21
3.17
Planned Unit Developments
23
3.18
Mobile Home Parks
23
3.19
Recreational Vehir-le Parks
25
3.20
Condominiums
27
1
1
1
Chapter 4.
MONUMENTATION
28
Chapter 5
IMPROVEMENTS
5.1
Subdivision Improvements Agreement
30
.5.2.
Security.. Guarantees.- _
30
5.3
Inspection and Certification
32
Chapter 6
ADMINISTRATION
6.1
Variances
34
6.2
6.3
Violation
Penalty for Violation
35
35
6.4
Schedule of Fees
35
6.5
Amendment Procedure
36
Chapter 7
DEFINITIONS
37
APPENDIX A ENVIRONMENTAL ASSESSMENT
43
C H A P T.E R 1- G E N E R A L P R O V I S I O N S
.1.1 TITLE
These regulationsshall be known and may be cited as'"The Sub-
division Regulations of the City of Kalispell1P.-
1.2 AUTHORITY
Authorization for these subdivision regulations is contained in
the.Montana Subdivision and Platting Act (Title 76, Chapter 3,
M.C.A. and A.R.M. 22-2.4B(l)-S400 through-22-2.4B(26)-S4070).
1.3 PURPOSE
The purposes of these regulations are to promote the public health,
safety and genera, welfare and to provide for:
A. The orderly development of the jurisdictional area.
B. The coordination of roads within subdivided land with other
roads, both existing and planned.
C. The dedication of land for roadways, parks, and for public
utility easements.
D. The provision of adequate open spaces for travel, light, air
and recreation.
E. The provision of adequate transportation, water, drainage
and sanitary facilities.
F. The avoidance or minimization of congestion.
G. The encouragement of subdivision development in harmony with
the natural environment.
H. The avoidance of danger or injury'by reason of natural hazard
or the lack of water, drainage, access, transportation or
other public services.
I. The avoidance of excessive expenditures of public funds for
the supply of public services.
J. The manner and form of snaking and filing of any plat for sub --
divided lands.
1.4 JURISDICTION
These regulations govern the subdivision of land within the city
limits of the City of Kalispell; except where exempt by law
(76-3-207 M.C.A.)
These regulations supplement all other regulations, and where
they are in conflict with other laws; regulations; ordinances
or resolutions, the more restrictive requirements shall apply.
1.5 SEVERABILITY
Where any word, phrase, clause, sentence, paragraph, or section,
or other part of these regulations is held invalid by a court
of competant jurisdiction, such judgement shall effect only the
part held invalid.
1.6 RESPONSIBILITY
No subdivision of any lot, or parcel of land shall be undertaken;
no street, sanitary sewer, storm sewer, water main, or other facil-
ities in connection therewith shall be constructed, opened or
extended for public use and travel, or for the common use of occu-
pants of buildings except in strict accordance with the provisions
of these regulations and related statutes of the State of Montana.
When a proposed subdivision is also proposed to be annexed, and/or
zoned, to the city, efforts will be made to co-ordinate the annex-
ation, subdivision and/or zoning procedures in order to minimize
duplication of hearings, reports and any other process require-
ments.
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C H A P T E R 2 P R 0 C E D U R E S
2.1 PRE -APPLICATION
The subdivider should meet with the Director of the Flathead
Regional Development Office (FRDO) prior to preparation of the pre-
liminary plat. The purpose of this meeting is to discuss the
proposed subdivision as it relates to the Comprehensive Plan,
zoning and other regulations.
The subdivider shall provide a sketch plan for the proposed sub-
division. This sketch plan shall be legibly drawn showing in
simple form the layout of proposed features in relation to exist-
ing conditions and should include the following information:
approximate tract and lot boundaries, location of easements,
utilities, right--of-way, parks and open spaces, and a description
of general terrain, natural features, existing structures and
improvements and proposed public improvements.
The sketch plan may be a freehand sketch made directly on a print
of a topographic map of the site.
2.2 PRELIMINARY PLAT
A. Application:
I. Upon completion of the pre -application procedure, the sub-
divider, if he/she so decides, shall proceed with the
preparation of the preliminary plat, together with the
supplementary material as specified in these regulations.
2. An application for approval, together with the appropriate
review fee (see Section 6.5A) and at least ten (10) copies
of the preliminary plat and plat supplements, shall be
submitted to the Flathead Regional Development Office.
3. The review and approval period shall commence with the
regular meeting of the planning board provided that all
requirements for the form and content of the preliminary
plat and its supplements are met and all applicable review
fees have been paid in full. The City Council shall
approve, conditionally approve or reject the plat within
sixty (60) days; unless the subdivider consents to an
extension of the review period.
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B. `'Contents of Preliminary Plat:
1. The preliminary plat shall include the land owned by the
applicant or on which the applicant has option to buy. The
F.R.D.O. Director or Public Works Director may require the
developer to include a larger area in the preliminary plat
to show connections, extensions and relationships with
existing streets, water and sewer systems, drainage sys-
tems or other land developments.
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2. The preliminary plat submitted for approval shall show
or contain on the face of the plat or on separate sheets:
a. Name and location of the subdivision, scale, north
point and date of preparation.
b. The scale shall be no less than two hundred feet (200°)
to the inch.
c. All plats shall conform to one of the following sizes
(if necessary, the plat may be comprised of more than
one (1) sheet):
18 x 24; 24 x 36 inches
d. The exterior boundaries of the tract.
e. The location of all section corners or subdivision
corners pertinent to the subdivision boundary.
f. All lots and blocks, designated by numbers, and the
dimensions and area of each lot to the nearest one
hundredth (0.01) acre.
g. All existing and adjoining streets, alleys, avenues,
roads and highways, and the width of the right-of-way
with existing and proposed street names, and proposed
locations of intersections or other access points
for any subdivision requiring access to all public
roads.
h. The location, boundaries, dimensions and areas of
any parks, common grounds or other areas dedicated
for common or public use.
i. Any existing and proposed utilities located on or
adjacent to the tract including:
M The location and size of sanitary and storm
sewers.
(ii) The location and size of water mains and fire:
hydrants.
(iii) The location of gas, electric and telephone
lines and street lights.
j. Ground contours shall be provided for the tract accord-
ing to the following requirements:.
Where Average Slope of Contour Intervals
the Entire Site is: shall be:
Under 10% 2 feet
Between 10-15% 5 feet
Over 15% 10 feet
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1
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k. The location of existing buildings, structures and im-
provements, if to be retained.
1. The location and identity of all existing easements
and right-of-way of record and proposed public and
private easements and rights -of -way, including descript-
ion of their width and purpose.
M. Designated 100 year floodway, and/or floodplain area, if
any.
C. Supplements to the Preliminary Plat:
The following shall be supplied with and considered -a part of
the preliminary plat:
I. A vicinity sketch or sketches showing conditions on adjacent
land including:
a. The names of adjoining platted subdivisions and numbers
of adjoining certificates of survey previously recorded.
b. The names and addresses of all landowners within one
hundred fifty (150) feet of the subdivision, verified
by the County Clerk and Recorder or a titled insurance
company. Where the subdivision abuts a public right-of-
way, water course or other physical barriers, the proper-
ties across such areas shall be considered as adjacent.
c. Location of any buildings, railroads, power lines, towers,
roads and other nearby land uses.
2. When a tract of land is to be subdivided in phases, the sub-
divider must provide an overall development plan indicating
his/her intentions for the development of the remainder of
the tract.
3. Drafts of any covenants and restrictions to be included in
deeds or contracts for sale.
4. A preliminary title report showing the names of the current
owners of record of land to be subdivided and the names of
any lien -holders of claimants of record against the land.
This report is for review by the City Attorney (76-3-612
M.C.A.)
5. If common property is to be deeded to a property owners'
association, the subdivider shall submit a draft of the cov-
enants and restrictions which will govern the association.
These covenants and restrictions shall, at a minimum, provide
that:
a. The property owners' association will be formed before
any property is sold.
b. Membership is mandatory for each property buyer and any
subsequent buyer.
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c. The association is responsible for liability insurance,
local taxes, and the maintenance of recreational and
other facilities.
d. In relation to any item of approval conditions, it can-
not be changed without City Council permission.
6. Environmental Assessment: An environmental assessment shall
accompany the preliminary plat, unless the subdivider has
been exempted from the completion of the assessment pursuant
to Section 2.2C7 of these regulations.
Appendix "A" to these regulations provides the format of and
questions to be answered by the assessment.
7. Exemption from environmental assessment.
a. The requirement for preparing an environmental assess-
ment shall be waived when the subdivision prepared:
(i) Is totally within an area covered by a master plan
adopted pursuant to Title 76, Chapter 1, M.C.A.,
where zoning regulations have been adopted pursuant
to Title 76, Chapter 2, part 3 or 76-2-201 or Title
_- 16, Chapter 47, and a long range development program
of public works projects has been adopted pursuant
to 76-1-601, or
(ii) Is the first minor subdivision created from a tract
of record.
b. The requirement for preparing an environmental assess--
ment may be waived when the subdivision proposed:
M Is in an area for which a master plan has been adopt-
ed pursuant to Title 76, Chapter 1, M.C.A. and the
proposed subdivision will be in compliance with the
plan, or
(ii) Will contain fewer than 10 parcels and less than
twenty acres.
When such an exemption is granted, the planning board
shall prepare and certify a written statement of the rea-
sons for granting the exemption. A copy of this state-
ment shall accompany the preliminary plat of the subdivi-
sion when it is submitted for review.
D. Processing and Review of Preliminary Plat by the Flathead Regional
Development Office:
1. Upon receipt of the application, the F.R.D.O. shall distribute
copies for review and comment to the appropriate departments,
agencies and utility companies, as deemed necessary by the
Director of F.R.D.O. Each agency shall have two weeks to
review and comment on the proposal. If no comments are re-
ceived within this time, then the proposal shall be considered
acceptable.
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2. F.R.D.O. shall review the plat and prepare its report, which
shall include comments from other departments, agencies or
utilities, written findings of facts concerning the public
interest and F.R.D.O. recommendations on the project.
3. The report shall be sent to the planning board, with a copy
forwarded to the developer or his/her agent.
E. Action by the Planning Board:
The planning board shall review the application and staff report.
The board shall submit their written findings of facts and recom-
mendations to the City Council. The report shall be signed by
the Hoard Chairman, or if designated, by the Director of F.R.D.O.
F. Action by the City Council:
I. The City Council shall set a date for a public hearing.
Notice of such hearing shall be given by F.R.D.O. through
publication in a newspaper of general circulation in the
city not less than fifteen (15) days prior to the date of the
hearing. The subdivider and each property owner of record
within 150 feet of the land included in the plat shall also
be notified by F.R.D.O. of the hearing by registered or certi-
fied mail not less than fifteen (15) days prior to the hear-
ing. ,
2
2. The City Council shall hold a public hearing and shall review
the planning board report and recommendations. It shall ap-
prove, conditionally approve or disapprove the preliminary
plat within sixty (60) days of its presentation at the regu-
lar meeting of the planning board, unless the subdivider
consents to an extension of the review period.
3. The basis for the City Council's decision to approve, conditi-
onally approve or disapprove a subdivision shall be whether
the preliminary plat complies with the regulations and it,
as well as the environmental assessment, public hearing,
planning board recommendations and additional information,
demonstrate that the development of the subdivision would be
in the public interest. To determine whether the proposed
subdivision would be in the public interest the City Council
shall issue written findings of fact which weigh the follow-
ing criteria for public interest:
a. The basis of need for the subdivision;
b. Expressed public opinion;
c. Effects on agriculture
d. Effects on local services;
e. Effects on taxation;
f. Effects on the natural environment;
g. Effects on wildlife and wildlife habitat, and;
h. Effects on the public health and safety.
-7-
4. Upon approving a preliminary plat the City Council shall
provide the subdivider with one copy of a dated and signed
.statement of approval along with one (1) copy of the approved
plat, also signed. The approval shall guarantee that the
terms of the approval will not be affected by changes in the
subdivision regulations and that the City Council shall not
impose any additional conditions as a pre -requisite to final
plat approval providing said approval is obtained within
one year.
5. If the City Council disapproves or conditionally approves
the preliminary plat, it shall forward one (1) copy of the
plat to the subdivider accompanied by a letter over the appro-
priate signature stating the reason for disapproval or enumer-
ating the conditions which must be met to assure approval
of the final plat.
6. Approval of a preliminary plat shall be effective for not
more than one calendar year. At the end of this period the
City Council may, at the written request of the subdivider,
extend its approval not 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 agreement between the City
Council and the subdivider, according to 76-3-507. Approval
of the preliminary plat shall not constitute approval of the
final plat.
7. The City Council may withdraw approval of a plat if it deter-
mines that information provided by the subdivider, and upon
which such decision was based, is inaccurate.
2.3 IMPROVEMENTS DRAWINGS
A. Submission of Drawings:
1. After receiving preliminary plat approval the subdivider
may proceed, if he/she so desires, with the preparation
of improvements drawings. These drawings shall be
approved by the City Council before submittal of the final
plat.
M
Three sets of drawings shall be submitted to the Director.
of Public Works, along with any appropriate fee.
B. Contents:
The subdivider shall consult with the Director of Public Works
as to what is specifically required in the drawings.
C. Review and Approval of Drawings
1. The Director of Public Works shall review the drawings
so as to ensure compliance with all City Standards and
shall forward his recommendations to the City Council.
2. The City Council shall approve or disapprove the drawings.
City Council approval is required before final plat may
be submitted. The Director of Public Works shall forward
one set of approved drawings to the F.R.D.O. within 7 days
of their approval by the City Council.
2.4 FINAL PLAT
A. Application
1. After receiving preliminary or minor plat, and improvement
drawings approval,the subdivider may proceed if he/she so
desires, with the preparation and submission of a final
plat of the proposed subdivision as required by these
regulations.
2. Written application for final plat approval and fee (see
Section 6.5B) shall be submitted to the F.R.D.O. together
with one cloth --backed copy and two reproducible copies of
the final plat at least twenty (20) days before a
regularly scheduled meeting of the City Council. Four
additional blueprints shall be provided. Two will remain
with F.R.D.O. and two sent to the Director of Public Works.
B. Contents of Final Plato
1. 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 modifications
required in its review. A final subdivision plat may
not be approved by the City Council nor filed by the County
Clerk and Recorder unless it complies with the following
requirements:
a. Final subdivision plats shall be legibly drawn with
permanent ink or printed or reproduced by a process
guaranteeing a permanent record and shall be 24 inches
by 36 inches overall and shall include a 1� inch margin
on the binding side.
b. Whenever more than one sheet must be used to
accurately portray the land subdivided, each sheet
must show the number of that sheet and the total number
of sheets included. All certifications shall be shown
or referenced on one sheet.
2. The final plat submitted for approval shall show or con-
tain, on its face or on separate sheets, referenced on
the plat:
a. A title block indicating the quarter-section(s),
.section, township, range, principal meridian, and
City and County of the subdivision. The title of the
plat shall contain the words "plat" and "subdivision".
1
1
I
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31
1
b. Name(s) of the owner(s) of the land surveyed and the
names of any adjoining platted subdivisions and
numbers of any adjoining certificates of survey
previously recorded and tied thereto.
C. North point.
d. Scale bar (scale shall be sufficient to legibly repre-
sent the required data on the plat submitted for fil-
ing).
e. All monuments found, set, reset, replaced or removed
describing their kind, size, location and giving other
data relating thereto.
f. Witness monuments, basis of bearing, bearings and
lengths of lines.
g. The bearings, distances and curve data of all
perimeter boundary lines shall be indicated. When
the subdivision is bounded by an irregular shoreline
or body of water, the bearings and distances of a
meander traverse shall be given. .
h. Data on all curves sufficient to enable_ the re-estab-
lishment of the curves on the ground. This data shall
include:
W Radius of curve.
(ii) Arc length.
(iii) Notation of non -tangent curves.
i. Lengths of all lines shall be shown to at least tenths
of a foot, and all angles and bearings shown to
at least the nearest minute.
j. The location of all section corners or subdivision
corners pertinent to the subdivision boundary.
k. All lots and blocks in the subdivision, designated
by number, the dimensions of each lot and block, the
area of each lot and the total acreage of all lots.
(Excepted parcels shall be marked "Not included in
this subdivision" or "Not included in this plat"; as
appropriate, and the boundary completely indicated by
bearings and distances.)
I. All streets, alleys, avenues, roads and highways;
their widths, bearings; the width and purpose of all
rights -of --ways and the names of all streets, roads and
highways.
M. The location, dimensions and areas of all parks,
common areas, and all other grounds dedicated for
public use. Where cash has been accepted in lieu
of land dedications, it shall be so stated on the
final plat and the amount of the cash donated stated
thereon.
-10-
n. Acreage of the subdivision, gross and net.
o. A legal description of the perimeter boundary of the
tract.
p. All monuments to be of record must be adequately des-
cribed and clearly identified on the plat. Where
additional monuments are to be set subsequent to the
filing of the plat, the location of such addition-
al monuments shall be shown by a distinct symbol noted
on the plat. All monuments or other evidence found
during retracements that would influence the positions
of any corner or boundary indicated on the plat must
be clearly shown.
232 q. The signature and seal of the registered land surveyor
responsible for the survey. The affixing of his seal
constitutes a certification by the surveyor that the
final plat has been prepared in conformance with the
Montana Subdivision and Platting Act (Sections
76-3-101 through 76-3-614, M.C.A.) and the regulations
adopted pursuant thereto.
r. Memorandum of oaths administered pursuant to Section
76-3-405, M.C.A.
s. Certification by the City Council that the final sub-
division plat is approved.
3. The following documents shall accompany, or be part of,
the approved final plat when filed with the County Clerk
and Recorder
a. Certification of dedication of streets, parks or play --
grounds, or other public improvements, or of cash
donation in lieu of dedication, when applicable.
bo Certification allowing usage of the easements for
the purpose designated on the plat.
c. Certification by a licensed title abstractor showing
the names of the owners of record of land to be sub-
divided and the names of any lien holders or claimant
or record against the land the written consent to
the subdivision by the owners of the land, if other
than the subdivider and any lien holders or claimants
of record against the land; all of which have been
reviewed and approved by the City Attorney. (This
is the same report as required under preliminary plat,
but brought up to date.)
da Copies of any covenants or deed restrictions relating
to public improvements; all of which have been re-
viewed and approved by the City Attorney.
e. Certification by the State Department of Health and
Environmental Sciences that -it has approved the plans
and specifications for sanitary facilities.
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f., Copies of articles of incorporation and by-laws for
any property owners' association, if applicable,
g. Certification by the Director of Public Works that
all required improvements which have been installed
or securely bonded for installation.
h. Certification by the City Council expressly accepting
any dedicated land and public improvements.
i. Certification of examining land surveyor where
applicable.
j. Copy of the state highway permit when a new street
will intersect with a state highway.
k. Certification that the City Council will not be re-
quired to improve or maintain any proposed private
road or other private improvements within the sub-
division.
1. The subdivision number as assigned by the City Clerk.
M. A statement from the Flathead County Treasurer cert-
ifying that no real property taxes assessed and levied
on the land -to be subdivided are delinquent.
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C. Review b Y the Flathead Regional Development Office:
•t= r- _tires s� x--- ---
1
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1. The F.R.D.O. shall examine the final plat and shall
recommend approval only when it conforms to the conditions
of approval set forth on the preliminary plat and to the
terms of the Montana Subdivision and Platting Act and these
regulations. Any significant change on the plat'wiil require
the holding of a planning board meeting for their review.
2. The F.R-.D.O., or the planning board if their review was
required, shall submit their recommendations not later than
ten (10) days before the next meeting of the City Council.
D. Action by the City Council:
I. The City Council shall approve a final plat if.,,_
a. It conforms to the approved preliminary plat;
b. The subdivider has completed all required changes and
met or exceeded all standards and requirements of these
regulations;
c. The subdivider has installed all the required improve-
ments or entered into a written subdivision improvement
agreement (see Chapter 5).
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2.. If the final plat is disapproved, the reasons for dis-
approval shall be stated in the records of the City Council
and a copy forwarded to the applicant. The City Council
shall return the cloth -backed and the reproducible copies
of the final plat to the subdivider within ten (10) days
of the action.
3. The City Council may withdraw approval of a plat if it
determines that information provided by the subdivider,
and upon which such decision was based, is inaccurate.
4. The acceptance of land dedications shall be made by specific
action of the City Council and noted on the final plat.
2.5 FINAL PLAT FILING
Within thirty (30) days of approval of the final plat or minor
subdivision plat (see Section 2.7), the developer shall take to
the City Clerk the cloth --backed copy and the reproducible copy
of the approved final plat, together with the filing fee, and
any other items as delineated in Section 2.4B3. The City Clerk
shall file all documents with the county Clerk and Recorder.
After filing, the plats may not be altered in any manner.
2.6 CORRECTING OR AMENDING FILED FINAL PLATS
A. Corrections of drafting or surveying errors that in the City
Council's opinion will not materially alter the -plat may be
made by the submission of a correctedfinal plat for the City
Council's approval. The plat shall be entitled "Amended Plat
of the Kalispell Subdivision # " and the reason for the
correction shall be stated on the face of the plat.
B. Within a platted subdivision, any division of lots which re-
sults in an increase in the number of lots, or which ma-
terially redesigns or rearranges lots, is not an "amendment"
within the meaning of this section. Such changes are subject
to the appropriate procedural requirements contained in
Sections 2.1 to 2.4..
2.7 SUMMARY SUBDIVISION REVIEW
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Application to and Review by the Flathead Regional Development
Office:
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1. When a proposed subdivision contains five (5) or fewer
parcels which., are provided TT;rh proper access and ::hcsc
no land in the subdivision will be dedicated to public
use for parks or playgrounds, then a subdivider may submit
a Minor Subdivision Plat for summary review in accordance
with these procedures.
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2. An application for approval of the plat, together with
the review fee (see Section 6.50 and at least six (6)
copies of the preliminary plat and plat supplements shall
be submitted to the F.R.D.0.
3. The thirty-five (35) day review and approval period shall
commence upon filing of the application provided that
all requirements for the form and content of the plat
and supplements are met and all review fees have been
paid in full.
4. F.R.D.O. shall review the plat and prepare its report
which shall includewritten findings of facts concerning
the public interest and F.R.D.O. recommendations on the
project.
5. The report shall be forwarded to the City council.
B Contents of Minor Preliminary Plat:
1. Minor preliminary plats are subject to the appropriate
requirements contained in Sections 2.2B and 2.2C.
2. Minor subdivisions are subject to the following provisions
for an environmental assessment:
a. For the first minor subdivision created from a tract
of record the requirement for an environmental assess-
ment shall not apply.
b. For the second or subsequent minor subdivision from
a tract of record the City Council or its designated
agent may require preparation of all or part of the
environmental assessment.
C. When required, the assessment shall follow the format
in Appendix A.
C. "Public Bearing:
I. For the first minor subdivision created from a tract of
record the requirement for holding a public hearing shall
not apply.
2. For the second or subsequent minor subdivision from a
tract of record the City Council shall require a public
hearing and shall provide the subdivider with a written
statement of the reasons for requiring the public hearing.
When a public hearing is held, the requirements in Section
2.2F1 shall be followed.
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D. Action by the City Council:
1. The City Council shall hold a public hearing, if required,
and shall review the F.R.D.O. report and recommendations.
It shall approve, conditionally approve or disapprove
the preliminary plat within thirty—five (35) days of its
presentation to F.R.D.O., unless the subdivider consents
to an extension of the review period.
2. City Council decision and action shall follow the pro—
cedures contained in Sections.2.2F3 through 2.2F7.
E. Improvements Drawings:
The improvements drawings shall follow the appropriate pro-
cedural requirements contained in Section 2.3.
F. Final Plat
The final plat shall follow the appropriate procedural re—
quirements contained in Section 2.4
2.8 PROCEDURES FOR SUBDIVISIONS CREATED BY LEASE OR RENT
A. Subdivisions created by rent or lease, such as mobile home
and recreational vehicle parks 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.
B. Subdivisions created by rent or lease shall comply with the
appropriate procedures contained in Sections 2.1 through 2.3.
C. If a rental or lease subdivision qualifies for summary
approval, it may receive review as provided for in Section
2.7 of thes regulations,
D. In lieu of filing a final plat, the subdivider shall submit
a plat conforming to the requirements for a preliminary plat
contained in Section 2.2, Preliminary flat, to the F.R.D.O.
The plat will be reviewed to assure that it conforms to the
approval conditions of the preliminary plat. Upon approval
it shall be certified by the City Council. The approved plat
shall be maintained in the Flathead Regional Development
Office.
E. All condominium developments, including those which provide
space for recreational vehicles or mobile homes, are subdi-
visions subject to the terms of these regulations.
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C H A T E R 3— D E S IGN STANDARDS
M FLOODPLAIN PROVISIONS
All subdivisions located within floodplains shall be subjected
to all requirements of the City of Kalispell Floodplain Ordinance.
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3.2 LANDS UNSUITABLE FOR SUBDIVISION
Lands which the City Council has found to be unsuitable for sub-
division because of potential hazards such as flooding, rock
_ falls, land slides, steep slopes in excess of 207. grades, sub-
sidence, high water table, polluted or non -potable water supply,
high voltage lines, high pressure gas lines, air or vehicular
traffic hazards, or other features which may be detrimental to
the health, safety or general welfare of existing or future resi-
dents shall not be subdivided for building or residential purposes
unless the hazards are eliminated or will be overcome by approved
design and construction plans.
3.3 LOTS
Each lot shall contain a satisfactory building site which is
properly related to topography and conforms to health regulations,
zoning regulations and these regulations. The design of lots
jshall meet the following standards:
A. Lot spacing requirements should conform to City zoning Regula--
.._.tions. The length of a front lot line shall be a minimum of
15 feet.
B. No single lot shall be divided by a public street, road,
alley, or any other right--of-way.
C. Each lot shall have direct access to a public or private
street or road.
D. Side lot lines shall be at substantially right angles to
street or road lines and radial to curved street or road
lines.
E. Through lots and reverse lots are prohibited except where
essential to provide separation of residential development
from traffic arteries or to overcome specific disadvantage
of topography or orientation.
3.4 BLOCKS
Blocks shall be designed to assure traffic safety and ease of
traffic control and circulation. Blocks shall be wide enough
to allow for two tiers of lots unless the topography or other
factors dictate the use of one tier of through lots or unless
the City Council approves the design of irregularly shaped blocks
indented by cul-de-sacs. Blocks shall not be less than 300 feet
in length and shall not exceed 1200 feet in length.
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3.5 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 con-
venience and safety, and in their relation to the proposed uses
of the land to be served by them.
A. Intersections: The following items apply to intersections.
I. Streets shall intersect at right angles, except when topo-
graphy precludes, and in no case shall the angle of in-
tersection be less than eighty (80) degrees.
2.
Two streets meeting a third street from opposite sides
shall meet at the same point, or their centerlines shall
be offset at least one hundred twenty --five (125) feet.
3. Intersections of local streets with major arterials shall
be kept to a minimum.
4. Hilltop, or hillside, intersections shall have not less
than the minimum sight distances as shown in Table I.
B. Local streets shall be designed so as to discourage through
traffic. Collector streets shall be designed to afford easy
access to arterial or other collector streets or for street
continuation to adjoining areas.
C. Deadend streets are prohibited. Where future street extension
is proposed, a temproary cul-de-sac shall be provided.
D. Where a subdivision abuts or contains an existing or proposed
arterial street, the City Council shall require frontage
streets, or such other treatment as may be necessary for
adequate protection of residential properties and to afford
separation of through and local traffic. Screen planting
or other screening may be required in those lots abutting
arterial streets or major highways.
E. Half streets are prohibited, unless otherwise approved by
the City Council.
F. Names of new streets aligned with existing streets shall be
the same as those of the existing streets. Street names for
non -continuing streets shall not be duplicated nor be confused
with existing street names. Street name signs shall be
provided and placed by the subdivider as specified by the
City Council at all street intersections.
G. Residential driveways shall not have direct access to
arterials or major highways..
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TABLE I
DESIGN STANDARDS - URBAN AND SUBURBAN STREETS
ARTERIAL
COLLECTOR
LOCAL
Min. Pavement Width (ft)
48a
35
b
Right -of --Way Width (ft)
100
80
60c
Minimum Radius
575
300
100
Min. Sight Distance (ft)
375
200
150
Maximum Grade (/)d 7 9
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a. Na parking permitted except emergency.
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b. 24-40 ft., subject to City Council approval.
c. Unless otherwise approved by the CJty Council:
d. Grades may be steeper for short distance provided approval
is obtained from the Director of Public Works.
Ig
H. Streets and Roads shall meet the design specifications in
Table I - Design Standards, Urban and Suburban Streets.
I. Cul-de-sacs shall have a maximum length of six hundred (600)
feet and a turn around radius of forty (40) feet or forty-
eight (48) feet where parking will be permitted.
3.6 ALLEYS
A. Alleys shall be provided in commercial and industrial areas
unless other provisions are made for service access and off--
street loading. These alleys should be at least 20 feet wide
and open at both ends.
B. Alleys may be required in residential areas as determined
by the City Council and shall be at least twenty (20) feet
in width. Where alleys are not required, easements shall
be granted or reserved at least ten (10) feet in width on
each side of all rear lot lines and along side lot lines where
necessary for utility installation and maintenance.
C. Alley intersection, sharp changes in alignment, and dead end
alleys shall be avoided.
3.7 CURBS AND GUTTERS
Unless otherwise approved by the City Council, the developer shall
provide curbs and gutters in all subdivisions. They shall be
designed as part of an overall grading and drainage plan.
(Section 3.11).
3.8 SIDEWALKS
A. Sidewalks shall be required on all streets unless the City
Council waives the requirement.
B. On all local access and cul-de-sac streets, sidewalks may
either be four (4) feet wide with a boulevard or five (5)
feet wide located adjacent to the curb. On arterial and
collector streets the sidewalks shall have a minimum width
of five (5) feet and shall be located as specified by the
Director of Public Works.
3.9 STREET LIGHTING
Street lights shall be installed in conformance with standards
prescribed by the Director of Public Works. Consultation with
local utility companies is advised in order to minimize energy
consumption.
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3.10 BIKEWAYS
Bikeways may be required by the City Council.
3.11 GRADING.AND DRAINAGE
A. Adequate provisions for storm water drainage shall be provided
in accordance with requirements.specified by these regulations
_ and the standards of the Department of Public Works. Those
areas where a trunk storm sewer does not exist may require
design and installation of drainage facilities for connection
to a future storm sewer system. A waiver of protest against
a future storm sewer special improvement district may be
required to be executed by the subdivider and filed with the
final plat when recorded.
B. Drainage Analysis:
1. Unless otherwise waived by the City Council, an analysis
shall be made, and documents submitted by a professional
engineer, of the storm water conditions as it affects and
is affected by any subdivision having five or more lots.
The analysis shall include:
a. Location of intermittent streams or drainage courses
which are within the subdivision boundaries and a
determination of their water surface elevation for
a 25 year storm.
b. Volume of storm water entering the subdivison on a
10 year storm.
c. Volume of storm water contributed by the subdivision
before development and after development, based on
a 10 year storm.
d. Analysis of the effects of the storm water discharg-
ing from the site after development for a distance
of 1,000 feet downstream from the subdivision boundary
at the point(s) of discharge.
e. In areas where ground water may be a factor, the
analysis shall include the effects of the ground water
on the total storm drainage system proposed for the
subdivision..
C. Temporary Erosion and Sedimentation Control:
During construction of improvements in the subdivision, the
developer shall control the surface runoff by the installation
of temporary erosion and sedimentation control facilities.
No silt -laden waters or excess surface runoff caused by the
development shall flow to downstream areas.
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3.12 EASEMENTS
A. Easements across lots or along common rear or side lot lines
shall be provided for utilities or drainage facilities where
necessary. Easements shall vary upon requirements for the
utilities or drainage facilities.
B. Cable type utilities shall be placed underground unless waived
by the City Council.
C. Where a subdivision is. traversed by a water course, drainage
away, channel or stream, natural or relocated, there shall
be provided a storm water easement and/or storm sewer drainage
right-of-way conforming substantially with the water course,
and such further width as will .be adequate for the purpose.
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3.13 LANDSCAPING
The design and development of subdivisions shall preserve the
natural terrain, natural drainage, existing topsoil, trees and
natural vegetation to the extent possible. The City Council may
impose landscaping conditions on the developer or the homeowners.
3.14 WATER SYSTEM
All water supply systems shall meet with the minimum standards
of the City of Kalispell, the City -County Health Department and
the Montana Department of Health and Environmental Sciences.
The system shall be approved by the Director of Public Works and
the City Council in order to ensure adequate water supply as well
as adequate pressure for fire protection.
3.15 SANITARY SEWER SYSTEM
All sewage treatment shall meet the minimum standards of the City
of Kalispell, the City -County Health Department and the Montana
Department of Environmental Sciences.
3.16 PARK LAND DEDICATION
A. A plat of a residential subdivision shall show that one -ninth
(1/9) of the combined area of lots five (5) acres or less
in size and one-twelth (1/12) of the combined area of lots
greater than five (5) acres in size, exclusive of all other
dedications, is forever dedicated to the public for parks
or playgrounds. No dedication may be required for the com-
bined area of those lots in the subdivision which are larger
than ten (10) acres exclusive of all other dedications. The
City Council, in consultation with the planning and park
boards, may determine suitable locations for such parks and
playgrounds. All dedicated parks or playgrounds shall be
given a name.
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B. Where, because of size, topography, shape, location or other
circumstances, the dedication of land for parks or playgrounds
is undesirable, the City Council may, for good cause shown,
make an order to be endorsed and certified on the plat
accepting a cash donation in lieu of the dedication of land
that would have been dedicated. For the purpose of this
section, the fair market value is the value of the unsub-
divided unimproved land. Such cash donation shall be paid
into the park fund to be used by the City for the purchase
of additional lands or for the initial development of other
parks and playgrounds.
I. Where cash has been accepted in lieu of land dedication,
the City Council shall record in the minutes of the hear-
ing upon the proposed subdivision why the dedication of
land for parks and playgrounds are undesirable.
2. The fair market value shall be determined as of the date
of submission of the preliminary plat.
3. The fair market value should be established by the City.
In case of conflict, the developer shall pay the cost
of an appraisal by a qualified real estate appraiser
acceptable to both the developer and the City Council.
The City Council shall determine which value to use.
4. Park fund monies shall be expended according to a park
policy or plan.
C. If a tract of land is being developed as part of an overall
development plan under single ownership, and sufficient park
lands have been dedicated, or cash donated in lieu, to the
public from the overall development, the City Council shall
issue an order waiving the land dedication and/or cash
donation requirements from that tract being developed.
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D.
The City Council may waive dedication and cash donation re-
quirements where all of the parcels in a subdivision are five
(5) acres or more in size and where the subdivider enters
a covenant to run with the land and revocable only by mutual
consent of the City Council and the property owner that the
parcels in the subdivision will never be Subdivided iiilto
parcels of less than Five (5) acres and that all parcels in
the subdivision will be used for single family dwellings.
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E. The City Council may waive dedication and cash donation re-
quirements for a subdivision to be created by rent or lease
where the subdivider agrees to develop parks or playgrounds
within the subdivision for the common use of the residents
of the subdivision. The area of land to be reserved for this
purpose shall equal the amount that would otherwise have been
dedicated to the public and such area shall be set out on
a plat or Certificate of Survey filed for record with the
County Clerk and Recorder and a copy furnished to the City
Department of Public Works.
3.17 PLANNED UNIT DEVELOPMENTS (P.U.D.)
The development shall be in compliance with P.U.D. provisions
in local zoning regulations. Drainage shall be in accordance
with Section 3.11.
3.18 MOBILE HOME PARKS
A. Mobile home parks shall meet the minimum requirements of the
Montana Department of Health and Environmental Sciences,
Division of Environmental Sciences, as required by Section
.50-52-101 through 105 M.C.A., and all regulations adopted
pursuant thereto.
B. Streets
1. Direct access to all mobile home parks shall be provided
from abutting public streets or roads. Mobile home parks
with thirty (30) or more units shall have at least two
(2) access points in order to avoid traffic congestion
and allow for sufficient emergency vehicle access.
2. The subdivider shall not be required to reserve right-of-
way in excess of the roadway width.
3. Roadways shall be private unless specified otherwise by
the City Council.
4. In all cases street pavements shall meet the following
minimum width requirements:
a. All entrance streets and other local streets
without parking allowance..............24 feet
b. Local streets with parking allowance
on both sides ...........................40 feet
c. Local streets with parking allowances
on one side .............................32 feet
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5. Streets shall be adapted to the topography and shall have
suitable alignment and gradiant for traffic safety and
drainage, in accordance with Section 3.11, and shall be
subject to approval by the Director of Public Works.
6. All streets shall be bordered on at least one side by
a sidewalk, unless otherwise approved by the City Council;
the minimum width of which should be three (3) feet.
Curbs and gutters shall be installed if required by the
Director of Public Works and the City Council.
7. Mail delivery facilities shall be provided in accordance
with the U.S. Post Office requirements.
C. Lots
1. Mobile home lots shall be arranged to permit the practical
placement and removal of mobile homes. Minimum lot width
shall be fifty (50) feet and minimum space requirements
of five thousand (5000) square feet for a single side
mobile home and six thousand (6000) square feet for a
double wide mobile home.
2. All mobile homes shall be located at least twenty-five
(25) feet from any property boundary line abutting upon
a public street or highway right-of-way and at least
fifteen (15) feet from other boundary lines of the park.
3. The mobile home stand must be located at least ten (10)
feet from the private street that serves it.
4. Location of lot limits on the ground shall be approxi-
mately the same as shown on the approved plans.
5. A mobile home .stand shall not occupy more than one-third
of the area of its lot. The total area occupied by a
mobile home and its roofed accessory buildings and
structures shall not exceed two-thirds of the area of
a lot.
6. No mobile home nor its attached structures, such as
awnings or carports,.shall be located within 20 feet of
any other mobile home or its attached structures.
7. No detached structure, such as a storage shed, may be
located within five feet of any adjoining mobile home
or its attached structures..
zg
8. A minimum of two (2) parking spaces shall be provided
for each mobile home lot. At least one car space shall
be located on each lot and the remainder may be located
in adjacent parking bays. Each parking space shall be
at least eight (8) feet wide and twenty (20) feet long.
D. General Requirments
1. Each mobile home shall be skirted within sixty (60) days
after said mobile home is moved upon a lot within the
mobile home park.
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2. Retail uses intended specifically for the convenience
L L a„ _ L L b1 1 b 1. 9-...l 7
aYZU acLVice UL LILe rC71tlGL1LS UL LliG li1LIJ11C lltJlilt fain a+L� L
be designed and located in such a manner as to provide
convenience primarily for residents of the mobile home
park.
3. One (1) guest parking space for each ten (10) mobile home
lots shall be provided.
4. Each mobile home park shall have covenants, approved by
the City Council, which will set forth the requirements
for upkeep and maintenance of grounds and structures by
the lot residents and park owner.
5. The City Council shall require that a central area be
provided for storage or parking of boats, trailers or
other recreation vehicles.
E. Park Land Requirement
The City Council may waive dedication and cash donation re-
quirements for a subdivision to be created by rent or lease
where the developer agrees to develop parks or playgrounds
within the mobile home park for the common use of the resi-
dents of the subdivision. At least one -ninth (1/9) of
the area of the mobile home park shall be developed for park
or playground area. The area shall be located so as to con-
veniently serve the residents of the entire mobile home park.
Recreation areas may include space for community recreation
buildings and facilities. Such areas shall be set out on
a plat or Certificate of Survey filed for record with the
County Clerk and Recorder and a copy furnished to the City
Department of Public Works.
3.19 RECREATIONAL VEHICLE PARKS
A. Recreational vehicle parks shall meet the minimum standards
of the Montana Department of Health and Environmental
Sciences, adopted pursuant to Title 76, Chapter 4, Part I.
BARI
B. Streets and Recreational Vehicle Spaces
1. The arrangement, type, extent, width, grade and location
of all streets shall be considered in their relation to
existing and planned streets, topographical conditions,
and public conveniences and safety, and in their relation
to the proposed uses of the land to be served by such
streets.
2. All recreational vehicle spaces shall be provided with
safe and convenient access from abutting streets or roads.
Alignment and gradients of roads shall be adapted to topo-
graphy.
3. Road widths shall comply with specifications set forth
in Section 3.18B4. All roads shall be paved and graded
according to specifications established by the Director
of Public Works.
4. Drainage shall be in accordance with Section 3.11.
5. Existing trees and other vegetation shall be preserved
where possible. Plantings may be required for buffering,
screening, or soil erosion protection, and are subject
to approval by the City Council.
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C. Internal Design
i. Recreational vehicle spaces shall be arranged to facil-
itate placement and removal of vehicles from individual
spaces.
2. Accessory facilities shall be designed and located for
safe and convenient use by occupants of the park, but
so as to inhibit their use by non -occupants.
3. Recreational vehicles shall be separated from each other
and from structures by at least ten (10) feet. Any
accessory structures such as attached awnings shall, for
purposes of this separation requirement, be considered
part of the recreational vehicle. -
4. The density shall not exceed twenty-five (25) recreational
vehicle spaces per gross acre of site area.
5. All recreational vehicle spaces shall be located at least
twenty --five (25) feet from a public street or highway
right -of --way.
6. The City Council may require that recreational vehicle
parks provide screening such as fences or natural growth
along the property boundary line separating the park from
other uses.
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3.20 CONDOMINIUMS
A. Condominium development shall comply with those standards
contained in Section 3.17, Planned Unit Developments.
B. Condominium developments shall meet the minimum standards
of the Montana Department of Health and Environmental
Sciences, Division of Environmental Sciences, adopted
pursuant to Title 76, Chapter 4, Part I.
C. Condominium developments shall comply with all provisions
of the Unit Ownership Act, Title 70, Chapter 23, and all
regulations adopted pursuant thereto by the Montana Depart-
ment of Business Regulations.
3.21 OFF -SITE IMPROVEMENTS
All off -site improvements directly associated with and necessi-
tated by the development are required to meet current city design
standards applicable.
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C H A V l: g K 4- M 0 N U M E N `l' A `1' 1 0 N
4.1 The terms "Monument" and "Permanent Monument" as used in these
regulations shall mean 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
4.2 All permanent control monuments or monuments set to control or
mark the boundaries of any divisions shall be of not less than
one-half inch (211) diameter by twenty-four (24") inches in length
with a cap of not less than one and one -quarter inch (1k") diameter
marked in a permanent manner with the name and/or registration
number of the registered land surveyor or firm in charge of the
survey. A cap of the above dimensions may be set firmly in con-
crete.
4.3. Prior to the filing of any subdivision plat or certificate of
survey for record the land surveyor shall confirm the location
of sufficient monuments to reasonably assure the perpetuation or
re-establishment of any corner or boundary or retracement of the
survey. The surveyor shall clearly identify on the face of the
plat or certificate of survey all monuments used in the survey,
and the descriptions shall be sufficient to identify the monuments
without reference to another record of survey.
4.4 All monuments must be set prior to the filing of a plat or certi-
fication of survey except those monuments which will be disturbed
by the installation of improvements. Such monuments may be set
subsequent to filing if the surveyor certifies that they will
be set before a specified date.
4.5 The plat of the subdivision or certificate of survey shall
clearly show the relationship of all adjacent monuments of
record and the relationship of the monuments of record to
monuments to be set after filing.
4.6 Monuments not less than three -eighths inches (3/8") in diameter
and eighteen inches (18") in length and marked with the name and/or
registration number of the registered land surveyor in charge
of the survey shall be set at the following locations:
A. At each corner and angle point of all lots, blocks or -parcels
of land created.
B. At every point of intersection of the outer boundary of the
subdivision with an existing or created right -of --way line.
C. At every point of curve, point of tangency, point of
reversed curve, or point of compounded curve on each
right--of-way line established.
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4.7 When the placement of a required monument at its proper location
is impractical, the surveyor may set a reference monument near
that point. Such a reference monument has the same status
as other monuments of record if its location is properly shown.
Where any point requiring monumentation has been previously monu-
mented, the location of the existing monument shall be confirmed
by the land surveyor if used, and if so confirmed shall likewise
be considered a monument of record when properly shown and
described on the plat or certificate filed.
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4.8
If the land surveyor uses any previously established monument,
he must confirm the location of the monument. If properly confirm-
ed and shown and described on the filed certificate or,plat, such
a monument shall be considered a monument of record.
—'—= C H A P T E R 5 I M P R O V E M E N T S
5.1 SUBDIVISION IMPROVEMENTS AGREEMENT
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As a condition for approval of the final plat, the subdivider
shall have installed all the required improvements as stipulated
in Chapter 3, Design Standards, or shall enter into a written
subdivision improvements agreement guaranteeing the construction
and installation of all required improvements in conformance with
all policies, standards, and resolutions adopted by the City of
Kalispell. Within one (1) year from the date of filing of the
Final Plat, the subdivider may request an extension of time for
installation of improvements for one (1) additional year, and
the City.Council reserves the right to grant or deny such request
for extension of time. The agreement shall stipulate, among other
things, which type of security arrangements the subdivider elects
to use and the time schedule the subdivider proposes for accom—
plishing the required improvements and, shall include the sub —
divider's warranty against defects in these improvements for a
period of one year from the date of their written acceptance by
the City Council.
5.2 SECURITY GUARANTEES
A. The subdivider shall provide a financial security guarantee
from one or more of the.following listed methods in the amount
of 125% of the estimated total cost of the improvement yet
to be installed at the time of filing of the Final Plat.
The estimate of the improvement costs shall be provided by
the developer and approved by the Director of Public Works
and the City Attorney.
1. Escrow Account:
a. The subdivider shall deposit cash, or collateral
readily convertible to cash at face value, either
with the City Council or in escrow with a bank. The
use of collateral other than cash, and the selection
of the bank with which funds are to.be deposited are
subject to the approval of the City Council.
b. Where an escrow account is to be employed, the sub --
divider shall file with the City Council his agreement
with the bank guaranteeing the following:
(i) That the funds in the escrow account are to
be held in trust until released by the City
Council and may not be used or pledged by the
subdivider as security for any obligation during
that period.
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(ii) And that in case the subdivider fails to
complete the required improvements, the bank
shall immediately make the funds in escrow
available to the City for the completion of
these improvements.
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2. Property Escrow:
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a. The subdivider may offer as a guarantee land or other
property, including; corporate stocks or bunds. A
qualified real estate appraiser shall establish the
value of any real property so used and in so doing,
shall take into account the possibility of a decline
in the value of said property during the guarantee
period. The City Council reserves the right to reject
the use as collateral of any property when the value
of the property is unstable, when the property may
be difficult to sell, or when other factors exist
which will inhibit the City Council from exchanging
the property for an amount of money sufficient to
complete the required improvements.
b. When property is offered as an improvement guarantee,
the subdivider shall:
_(i) Execute an agreement with the escrow agent
when it is not the City of Kalispell, instruct-
ing the.agent to release the property to the
City in the case of default. The agreement
shall be placed on file with the County Clerk
and Recorder.
(ii) File with the City Council an affidavit affirm-
ing that the property to be used as a guarantee
is free and clear of any encumbrances or liens
at -the time it is to be put in escrow.
(iii) Execute and file with the City Council an agree-
ment stating that the property to be placed
in escrow as an improvement guarantee will not
be used for any other purpose, or pledged as
a security in any other matter until it is re-
leased by the City Councils
3. Special Improveinent District:
The City Council may enter into an agreement with the
subdivider, and the owners of the property proposed for.
subdivision if other than the subdivider, that the in-
stallation of required improvements will be financed
through a special improvement district created pursuant
to Title 7, Chapter 12, M.C.A. This agreement must
provide that no lots within the subdivision will be sold,
rented, or leased, and no contract for -the sale of lots
executed, before the improvement district has been created.
An agreement to finance improvements through the creation
of a special improvement district, or a petition to create
a rural improvement district, constitutes a waiver by
the subdivider of the right to protest, or petition
against,,the creation of the district under either Section
7-12-2109 or Section 7-12-4110, M.C.A.
4. Letter of Credit:
Subject to the approval of the City Council, the sub-
divider shall provide a letter of credit from a bank or
other reputable institution or individual. The letter
shall be deposited with the City Council and shall certify
the following:
a. That the creditor guarantees funds in an amount equal
to 125 per cent of the cost, as estimated by the sub-
divider and approved by the City Council, of complet-
ing all required improvements.
a b. That --if the subdivider fails to complete the specified
46 improvements within the required period, the creditor
will pay to the City of Kalispell immediately, and
without further action, such funds as are necessary
to finance the completion of those improvements, up
to the limit of credit stated in the letter.
c. That this letter of credit shall not be withdrawn,
or reduced in amount, until released by the City
Council.
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5. Surety performance Bond:
The bond shall be executed by a surety company authorized
to do business iri the State of Montana and acceptable
as a surety to the city Council.and counter signed by
a Montana agent. The bond shall be payable to the City
of Kalispell. The bond shall be in effect until the com-
pleted improvements are accepted by the City_.Council.
6. Any other method that may be acceptable to the City
Council.
5.3 INSPECTION AND CERTIFICATION
A. Construction, inspection and testing requirements shall be.
in accordance with the standards adopted by the City.
B. Upon completion of required improvements, the subdivider shall
file with the City Council.
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1. A certification by a Professional Engineer that all re-
quired improvements are complete and are in compliance
with the minimum standards specified by the Director of
Public Works and the City Council for their constructions
2. All applicable fees and surcharges.
33.
C H A P T E R 6 A D M I N I S T R A T 1 0 N
6.1 Variances,
A. Where the City Council finds that extraordinary hardships
or practical difficulties may result from strict compliance
with these regulations, and/or the purpose of these regulations
may be served to a greater extent by an alternative proposal,
it may approve variances from these regulations so that sub-
stantial justice may be done and the public interest secure,
provided that such variance shall not have the effect of
nullifying the intent and purpose of these regulations, and
further provided that the City Council shall not approve
variances unless it shall.make findings based upon the evidence
presented to it in each specified case thats
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1. The granting of the variance will not be detrimental to
the public health, safety, or general welfare or injurous
to other adjoining properties;
2. The conditions on which the request for a variance is
based are unique to the property on which the variance
is sought and are not applicable generally to other
property;
3. Because of the particular physical surroundings, shape,
or topographical conditions of the specific property in-
volved, a particular hardship to the owner would result,
as distinguished by a mere inconvenience, if the strict
letter of these regulations are enforced; and
4. The variances will not in any manner vary the provisions
of the Zoning regulations, or Comprehensive Plan.
B. An innovative energy saving proposal which does not circumvent
the purpose of these regulations may be reason for granting
of a variance by the City Council. The proposal shall include
documentation of the energy savings.
C. In approving variances, the governing body may require such
conditions as will, in its judgement, secure substantially
the objectives of the standards or requirements of these reg-
ulations.
D. A petition for any variance shall be submitted in writing
by the subdivider at the time when the preliminary plat is
presented to the planning board for their review and approval.
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The petition shall state fully the grounds for the applica-
tion and all the facts relied upon by the petitioner. The
board shall have the authority to recommend to the City Council
reasonable conditions for the granting of a variance from
the requirements of these regulations. The City Council shall
have the final authority to grant or deny a variance.
E. When any such variance is granted, the motion of approval
of the proposed subdivision shall contain a statement des-
cribing the variance and the facts upon which the issuance
of the variance was based and all conditions of the variance.
6.2 VIOLATION
The final plat shall be filed for record with the County Clerk
and Recorder before title to the subdivided land can be sold or
transferred in any manner or offered for sale or transfer. I€
illegal transfers or offers of any manner are made, the County
Attorney, assisted by the City Attorney, shall commence action
to enjoin further sales, transfers, or offers of sale or transfer
and compel compliance with all provisions of the Montana Sub-
division and Platting Act and these regulations. The cost of
such action shall be imposed against the person transferring or
offering to transfer the property.
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6.3 PENALTY FOR VIOLATION
Any person who shall violate any of the provisions of the Montana
Su di-i--ion and Plattin,- Art or these regulations iS g'.:ilty of
.p
a misdemeanor and punishable by a fine of not less than one hundred
dollars ($100) nor more than five hundred dollars ($500) or by
imprisonment in jail for not more than three (3) months or by
both fine and imprisonment. Each 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.
6.4 SCHEDULE OF FEES
In order to cover costs of reviewing plans, advertising, holding
public hearings, or other expenses incidental to the approval of a
subdivision, the subdivider shall pay a non --refundable fee at the
time of application. The fee schedule will be established by the
City Council from time to time.
In addition, the subdivider shall pay all additional costs in-
curred by the City.
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6.5 AMENDMENT PROCEDURE
"These regulations may be amended by the City Council on their
own motion, or upon recommendation of the planning board to the
City Council. The procedures set forth in 76-3-503 M.C.A. must be
followed.
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C H A P T E R 7 D E F I N I T I 0 N S
Whenever the following words and phrases appear in this ordinance they
shall be given meaning attributed 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 "may44 indicates a use of discretion in making a decision.
BLOCK: A group of lots, tracts or parcels bounded by public streets,
railroads, natural features, platted or unplatted lands or a
combination thereof.
CERTIFICATE OF SURVEY: A drawing of a field survey prepared by a
registered land surveyor for the purpose of disclosing facts
pertaining to boundary locations.
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CITY ATTORNEY: The City Attorney of the City of Kalispell
CITY CLERK: The City Clerk of the City of Kalispell
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CITY COUNCIL: The City Council of the City of Kalispell
COMPREHENSIVE PLAN: A general long-range plan officially adopted by
the City Council.
CONDOMINIUM: Ownership in common with others of a parcel of land and
certain parts of a building, together with individual ownership
in fee of a particular unit or apartment in such building.
COVENANT: An agreement, in writing, of two or more parties by which
any of the parties pledges himself to the others that some-
thing is done or shall be done.
DEDICATION: The deliberate appropriation of land by an owner for any
general and public use, reserving himself no rights which are
incompatible with the full exercise and enjoyment of the public
use to which the property has been donated.
DEVELOPER: Same as Subdivider.
DIRECTOR OF PUBLIC WORKS: The Director of the Public Works Department
for the City of Kalispell.
DWELLING: A building used for human residential purposes.
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.
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ENGINEER (Registered Professional En ineer): A person licensed in
conformance with the Montana Professional Engineers' Registration
Act (Title 37, Chapter 67) to practice engineering in the State
of Montana..
EXAMINING LAND SURVEYOR: A registered land surveyor duly appointed
by the governing body to review surveys and plats submitted for
filing.
FLATHEAD REGIONAL DEVELOPMENT OFFICE (F.R.D.0): The planning organi-
zation for the Cities of Kalispell, Whitefish, Columbia Falls
and Flathead County.
FLOODPLAIN: The area adjoining the watercourses or drainway which
would be covered by the flood water of a flood of -one hundred
year frequency.
FLOODWAY: The channel of a watercourse or drainway and those portions
of the floodplain adjoining the channel which are reasonably
required to carry and discharge the flood water of any water-
course or drainway.
GOVERNING BODY: The City Council of the City of Kalispell.
IMPROVEMENTS: Any structure or facility constructed to serve the resi-
dents of a subdivision or the general public such as parks,
streets and roads, sidewalks, curbs and gutters, street light-
ing, utilities and systems for water supply, sewage disposal and
drainage.
LOT: A parcel, plot or other land area created by subdivision for
sale, lease or rent, or other purpose.
LOT MEASUREMENTS:
A. LOT DEPTH: The mean dimension of the lot from the front
street line to the rear line.
B. LOT WIDTH: The average width of the lot.
C. LOT FRONTAGE: The length of the front lot line.
D. LOT AREA: The area of a lot determined exclusive of street,
highway, alley, road, or other right-of-waya
LOT TYPES:
A. CORNER LOT: A lot located at the intersection of two streets.
B. INTERIOR LOT: A lot with frontage on only one street.
C. REVERSE LOT: A lot in which the frontage is reversed from the
general pattern in the area involved. A reversed
frontage lot may also be a corner lot or an interior lot.
D. THROUGH LOT:
. streets.
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A lot with frontage on two (2), not -intersecting
MINOR SUBDIVISION° A subdivision containing five (5) 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 portable dwelling unit exceeding 8 feet in width and
exceeding a total of 320 square feet, overall, designed to be
moved from place to place by an independent power source; subse-
quent removal of means of portability does not change the
character of such a unit.
MOBILE HOME LOT: A designated portion of a mobile home park designed
for the accommodation of one mobile home and its accessory build-
ings or structures for the exclusive use of the occupants.
MOBILE HOME PARK: A tract of land providing two or more mobile home
lots for lease or rent to the general public.
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: A land or water area devoid of buildings and other
physical structures except where accessory to the provision of
recreation. Any area used for parking or maneuvering of auto-
mobile vehicles or storage of equipment or refuse shall not be
deemed open space.
PLANNED UNIT'DEVELOPMENT (PUD): A tract of land developed as an inte-
grated unit. The development is unique and is based on a plan
which allows for flexibility of design, setting, and density not
otherwise possible under the prevailing zoning district regu-
lations.
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PLANNING BOARD: The Kalispell City -County Planning Board formed pur-
suant to Title 76, Chapter 1, M.C.A.
PLAT: A graphic representation of a subdivision prepared by a licensed
Montana surveyor showing the division of land into lots, parcels,
blocks, streets, and alleys, and other divisions and dedications.
A. 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
furnishes a basis for review by the City Council.
B. FINAL PLAT: The final drawing of the subdivision and
dedication required 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 the Montana Subdivision and flatting Act.
(Title 76, Chapter 3, M.C.A. and ARM 22--2.4B(1)-S4100).
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C. AMENDED OR CORRECTED PLAT: The final drawing of any change to
a platted subdivision filed with the County Clerk and
Recorder required 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 the Montana Subdivision and Platting Act, (Title 76,
Chapter 3, M.C.A. and ARM 22-2.4B(1)-S400 through A.R.M.
22-2.4B(30)-S4100).
D. VACATION OF PLAT: A plat which has been vacated
either in whole or in part as provided by 7-5-2501,
7-5-2502, subsections (1) and (2) of 7-14-2616,
7-14-2617, subsections (1) and (2) of 7-14-4114 and
7-14-4115.
RECREATIONAL VEHICLE PARK: A place used for public camping where
persons can rent space to park individual camping trailers,
pickup campers, motorhomes, travel trailers or automobiles for
transient dwelling purposes.
RECREATIONAL VEHICLE SPACE: A designated portion of a recreational
vehical 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 the
Montana Professional Engineers' Registration Act (Title 37,
Chapter 67, M.C.A.) to practice surveying in the State of Montana.
RIGHT-OF-WAY: A strip of land dedicated or acquired for use as a
public way.
STATE: The State of Montana.
STREET TYPES: For purposes of these regulations, street types are
defined as follows:
A. ALLEY: A passage or way, open to public travel, and dedicated
to public use, affording a secondary means of vehicular
access to abutting lots and not intended for general
traffic circulation.
B. ARTERIAL: A street or road having the primary function of
moving traffic and the secondary function of providing
access to adjacent land. Arterials generally carry relat-
ively large volumes of traffic. Arterials have two to
four lanes of moving traffic and provide limited access
to abutting property.
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C. COLLECTOR: A street or road having the equally important
function of moving traffic and providing access to
adjacent land. Collector streets have two moving traffic
lanes and two parking lanes.
D. ,LOCAL STREETS: A street or road having the primary function
of providing access to abutting properties, and the
secondary function of moving traffic. Local streets have
two moving lanes of traffic and may have one or two park-
ing lanes.
E. DEAD --END STREET: A street having only one -outlet for vehi-
cular traffic.
F. 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 ad-
jacent property.
G. CUL-DE-SAC: A street having only one outlet for vehicular
,traffic and terminating in a turn -around area.
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 arterials or collectors.
SUBDIVIDER: Any person, firm or corporation, or other entity who
causes land to be subdivided or who proposes a subdivision of
land.
SUBDIVISION (Verb: A division of land or land so divided, which
creates one or more parcels containing less than twenty (20) acres,
exclusive of public roadways, in order that the title to or posses-
sion of the parcels may be sold, rented, leased or otherwise con-
veyed, and shall include any resubdivision; and shall further
include any condominium or area, regardless of its size, which
provides or will provide multiple space for recreational camping
vehicles, or mobile homes.
(Noun): A subdivision shall comprise only those parcels less
than twenty (20) acres which have been segregated from the original
tract, and the plat thereof shall show all such parcels whether
contiguous or not. Provided, however, condominiums constructed'
on land divided in compliance with the Montana Subdivision and
Platting Act are exempt from the provisions of the act.
SUMMARY REVIEW: Review of a minor subdivision.
SWALE: A drainage channel or shallow depression designed to direct
surface water flow.
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TITLE REPORT: A report prepared by a licensed title abstractor showing
the names of the owners of record of the land to be subdivided
and the names of the lienholders or claimants of record against
the land and the written consent to the subdivision by the owners
of the land, if other than the subdivider, and any lienholders
or claimants of record against the land.
TRACT: Land area.proposed to be subdivided.
VARIANCE: An adjustment made in the application of the specific regula-
tions to a particular piece of property. A variance is a form of
special exception granted by the City Council.
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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 gen-
eral location of the proposed subdivision.
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APPENDIX A
ENVIRONMENTAL ASSESSMENT
General Instructions
1. Using available information the subdivider shall provide, as ap-
propriate, responses to the questions included herein and any
materials as required.
2. All responses to the environmental assessment shall follow the
outline contained herein and shall be identified with the appro-
priate section heading, number and letter. If a particular question
is not relevant to the proposed subdivision, state the reason it
does not apply.
3. Identify the sources of information for each section of the assess-
ment and describe all attempts made to secure information.
4. On -site inspections may be made regarding any particular question.
Deliberate falsification or ommission of any part of the question-
naire shall constitute grounds for rejection of the plat.
t_
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E N V I R O N M E N T A L A S S E S S M E N T
I, ENVIRONMENT
A. Surface Water
1. Locate on the plat or by overlay:
a. Any natural water systems such as streams, rivers,
lakes, marshes and land subject to flooding.
b. Any artificial water systems such as canals, ditches,
aqueducts, reservoirs and irrigation and drainage
systems.
2. Descriptions should include:
a. Name and approximate size of water body.
b. Present use (for example, irrigation, recreation)
c. Time when water is present (seasonal vs. all year)
B. Groundwater.
Using available groundwater data, provide the depth to ground-
water at the time of the year when the water table is nearest,
the surface.
C. Geology - Soils -- Slopes
1. Provide a map of soils type and, if available, interpreta-
tion of soil suitability for the proposed land uses.
2. Locate on the plat or by overlay:
a. Any known hazards affecting the development which could
result in property damage or personal injury due to:
(i) Falls, slides or.slumps - soil, rock, mud, snow.
(ii) Seismic activity. Describe any proposed measures
to prevent or reduce the danger from any of these
hazards.
b. Any rock outcropping.
D. Vegetation
1. On a copy of the plat.or by overlay -
a. Indicate the location of the major vegetation types,
such as marsh, grassland, shrub, forest.
b. Describe measures to be taken to preserve trees and
other natural vegetation.
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E. Wildlife
Describe any known critical or key wildlife areas, such as
game range areas, waterfowl nesting areas, habitat for care
of endangered species and wetlands. Also, any measures to
be taken to preserve such areas.
F. Historical Features
Describe and locate on a copy of the plat or overlay any known
or possible historic, archaelogical or cultural sites which
may be affected by the proposed subdivision and any plans to
protect such sites or properties.
1
Ii. COMMUNITY IMPACT -- ------ -
A. Water Supply
I. Where an individual water supply system is proposed for
each par -cc!-
a. If wells or springs are to be used, provide evidence
that groundwater supply meets DHES standards for
quantity, quality and dependability (eg. well logs,
chemical analyses). Where acceptable tests cannot
be conducted, a hydro -geological report, which sub-
stantiates adequate quantity and quality of the water
supply shall be submitted.
b. If cisterns are to be used:
(i) Explain why cisterns are proposed instead of
drilled wells.
(ii) Identify the source of water supply and provide
evidence that it is of sufficient quantity and
quality to serve the development.
(iii) Explain what provisions will be made for sani-
tary hauling of water.
c. Attach two copies of the plat showing the proposed
location of each spring, well or cistern and indicat-
ing the distance to existing or proposed sewage dis-
posal systems.
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2. Where a public or multiple family water system is proposed.
a. Estimate the number of gallons per day required
by the development (including irrigation if
applicable).
b. Where an existing system is to be used:
(i) Identify the system and the person, firm or
agency responsible for its operation and
maintenance.
(ii) Indicate the system's capacity to handle
additional use and.its distance from the
development.
(iii) Provide evidence that permission to connect
has been granted.
c. Where a new system is to be used;
(i) Provide evidence that the water supply is ade-
quate in quantity, quality and dependability.
Indicate who will install the system, who will
bear the costs, when it will be completed and
who will own, operate, and maintain the system.
(iii) Attach a copy of the plat showing the pro-
posed location of the water source and all
distribution lines.
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B. Sewage Disposal
1. Where individual sewage treatment systems are proposed
for each parcel.
a. Indicate the distance to the nearest public sewage
disposal system.
b. Provide as attachments:
-(i) Two copies of the plat which shows the pro-
posed suitable location on each lot for a
septic tank, a subsurface treatment system
and a 100% replacement area for the subsurface
treatment system. Show the location of the
neighboring wells and subsurface treatment
S J .S + e m S , ti. n, L--h"e- e� � � r a n 0, e- .S
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(ii) The results of percolation tests performed
on each lot in the area of the proposed drain -
field in accordance with DHES Bulletin 332.
Each test hole shall be keyed by a number on
a map of the development with the information
provided in the report.
(iii) A detailed soils description or map. If a
soils description is not available or if high
ground water or impervious layers are suspec-
ted, provide soils profile showing soil strata
from test holes at least seven M feet in depth.
2. For a proposed public or multiple family sewage treatment
system:
a. Estimate the average number of gallons of sewage
generated per day by the development when fully
developed.
b. Where an existing system is to be used:
(i) Identify the system and the person, firm or
agency responsible for its operation and mainte-
nance.
(ii) Indicate the system's capacity to handle
additional use and its distance from the
development.
(iii) Provide two copies of the following attachments:
(A). A map showing location and sizes of any
existing sewer lines and facilities which
will directly serve parcels within the
proposed development; and
(B) Engineering plans and specifications for
all proposed extensions and additional
lines and facilities. (In applying for
DHES review plans must be in sufficient
detail to indicate sizes of lines and
facilities and the capacity of the system.
Complete plans and specifications must
be submitted for final approval by DHES.)
c. Where a new system is proposed:
(i) Indicate who will install the system, who will
bear the costs, when it will be completed and
who will own.
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(ii) Provide as an attachment:
(Aj Two copies of engineering plans and
specifications for the proposed system.
(If applying for DHES review plans must
be in sufficient detail to indicate sizes
of lines and facilities and the capacity
of the system. Complete plans and spec-
ifications must be submitted for final
approval by DHES).
(B) A plan for operation and maintenance of
the system.
C. Solid Waste
1. Describe the proposed method of collecting and dispos-
ing of solid waste from the development.
2. If use of an existing collection system or disposal
facility is proposed, indicate the name and location
of the facility.
3. Attach letters from: Disposal District and/or Com-
mercial Carrier indicating that they can accommodate
the proposed development.
D. Roads
1. Describe -any required construction of new public or
private access roads or substantial improvements to
existing public or private access roads.
2. Indicate who will pay the cost of installing and maint-
aining dedicated and/or private roadways.
3. Estimate how much daily traffic the development, when
fully developed, will generate on existing streets
and arterials.
a. Discuss the capability of existing and proposed
roads to safely accommodate this increased traffic.
b. Describe any increased maintenance problems and
cost that will be caused by this increase in
volume.
4. Is year-round access by conventional automobile over
legal rights -of -way available to the subdivision and
to all lots and common facilities within the sub-
division?
5. Identify the owners of any private property over which
access to the subdivision will be provided.
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E. utilities
I. Indicate the utility companies involved in providing
electrical power, natural gas, or telephone service.
To what extent will these utilities be placed under-
ground?
2. Has the preliminary plat been submitted to affected
utilities for review?
F. Emergency Services
I. Describe the emergency services available to the
residents of the proposed subdivision including number
of personnel and number of vehicles or type of
facilities for:
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a.
Fire Protection -- Is the proposed subdivision
in an urban or rural fire district? If not, will
one be formed or extended: In absence of a fire
district, what fire protection procedures are
planned: Attach letter from Fire Department/or
District.
b. Police protection. Attach letter from protection
agency.
c. Ambulance service.
d. Medical. services.
2. Can the needs of the proposed subdivision for each
of the above services be met by present personnel
and facilities?
a. If not, what additional expense would be necessary
to make these services.adequate?
b. At whose expense would the necessary improvements
be made?
G. Schools
1. Describe the available educational facilities which
would serve this subdivision.
2. Estimate the number of school children that will be
added by the proposed subdivision. Provide a state-
ment from the administrator of the appropriate school
system indicating whether the increased enrollment
can be accommodated by the present personnel and
facilities and by the existing school bus system.
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H. Land Use
1. Describe any comprehensive plan or other land use
regulations covering the area proposed for subdivision
or adjacent land. If located near an incorporated
city or town, is annexation proposed?
2. Describe how the subdivision will affect access to
public lands. Where public lands are adjacent to
or near the proposed development, describe the present
and anticipated uses for those lands, e.g., grazing,
logging, recreational.
3. How will the subdivision affect adjacent land uses?
4. Describe any health or safety hazards on or near the
subdivision, such as: mining activity or potential
subsidence, high pressure gas lines, dilapidated
structures, or high voltage power lines. Any such
conditions should be accurately described and their
origin and location identified.
5. Describe any on -site or off -site uses creating a
nuisance such as unpleasant odors, unusual noises,
dust or smoke. Any such conditions should be ac-
curately described and their origin and location
identified.
I. Parks and Recreation Facilities
1. Describe park and recreation facilities to be provided
within the proposed subdivision and other recreational
facilities which will serve the subdivision.
-Sd-