Ordinance 1951 - Amends Ch 28 - Subdivision RegulationsORDINANCE NO. 1951
AN ORDINANCE AMENDING THE CITY OF KALISPELL SUBDIVISION
REGULATIONS CODIFIED AT CHAPTER 28 OF THE KALISPELL MUNICIPAL CODE,
DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO
CODIFY THE SAME.
WHEREAS, the City of Kalispell submitted a written request to update the Subdivision
Regulations for the purpose of aligning the ordinance with the Montana Land Use
Planning Act (MLUPA) and the Kalispell Land Use Plan — PLAN -IT 2045, to
implement the housing strategies detailed in the plan, and incorporate recent bills
adopted by the Montana State Legislature; and
WHEREAS, the Planning Commission considered the request by the Kalispell Planning
Department, held a public hearing on the updates on March 10 and forwarded a
positive recommendation on the amendments; and
WHEREAS, the Planning Commission forwarded its recommendation to the Kalispell City
Council that certain portions of text of the Kalispell Subdivision Regulations be
amended as set forth in Exhibit "A" attached hereto and fully incorporated herein by
this reference; and
WHEREAS, the City Council has fully considered the public comment received, both written and
oral, reviewed and considered the Kalispell Planning Department Report and hereby
adopts the findings made in Report #KSTA-26-01 as the Findings of Fact to be
applied to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Subdivision Regulations are hereby amended as
set forth fully on Exhibit "A" attached hereto and fully incorporated
herein by this reference.
SECTION 2. This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF MAY, 2026.
ATTEST:
Aimee Brunckhorst
City Clerk
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CHAPTER 28.1 - GENERAL PROVISIONS
28.1.01 TITLE:
5 — General Provisions
These Regulations shall be known as the "Subdivision Regulations of the City of
Kalispell, Montana".
28.1.02 AUTHORITY:
Authorization for these Regulations is contained in the "Montana Land Use Planning
Act" (Title 76, Chapter 25, Montana Codes Annotated).
28.1.03 PURPOSE:
The purpose of these Regulations is to promote the public health, safety, and general
welfare and to provide for:
1. The orderly development of the jurisdictional area;
2. The coordination of roads within subdivided land with other roads, both
existing and planned;
3. The dedication of land for roadways and for public utility easements;
4. The improvement of roads;
5. The provision of open spaces for travel, light, air and recreation;
6. The provision of proper physical and legal access, including obtaining
necessary easements.
7. The provision of adequate transportation, water, drainage, and sanitary
facilities;
8. The avoidance or minimization of congestion;
9. The avoidance of subdivision which would involve unnecessary
environmental degradation;
10. The avoidance of danger or injury by reason of natural hazard or the lack of
water, drainage, access, transportation or other public services
11. The avoidance of excessive expenditure of public funds for the supply of
public improvements and services;
12. The manner and form of making and filing of any plat for subdivided lands;
6 — General Provisions
13. The administration of these Regulations by defining the powers and duties of
approving authorities including procedures for the review and approval of all
plats of subdivisions covered by these provisions.
28.1.04 APPLICABILITY:
These Regulations shall apply to all land developments which are described as
subdivisions under 76-25-103(32) M.C.A., as amended. These will include:
1. Division of land which creates one or more parcels containing less than 160
acres;
2. Re -subdivision of previously subdivided land;
3. Manufactured home parks;
4. Recreational vehicle campgrounds;
5. Townhouse developments;
28.1.05 JURISDICTION:
These Regulations apply to the subdivision of land within the City of Kalispell,
Montana.
If a proposed subdivision lies within three miles of the City of Kalispell, the
Flathead County, Montana, Board of Commissioners must submit the preliminary
plat to the City Council or its designee for review and comment.
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. Other regulations include but are not limited to zoning
regulations, floodplain regulations, building codes, development codes and fire
codes.
28.1.06 SEVERABILITY:
If a court of competent jurisdiction holds any word, phrase, clause, sentence,
paragraph, section, or other part of these regulations invalid, that judgment will
affect only the part held invalid.
28.1.07 EFFECTIVE DATE:
These Regulations were initially adopted under the Montana Land Use Planning
Act on May 4, 2026.
28.2.01
28.2.02
7 — Application Procedure
CHAPTER 28.2 - APPLICATION PROCEDURE
PERMISSION TO ENTER:
The governing body or its designated agent(s) or affected agencies identified
during the pre -application meeting may investigate, examine, and evaluate the site
of the proposed subdivision to verify information provided by the subdivider and
to subsequently monitor compliance with any conditions if the preliminary plat is
approved conditionally. The submission of a subdivision application constitutes a
grant of permission by the subdivider for the governing body, its agents and
affected agencies to enter the subject property. This consent applies to members
of the public attending a noticed public meeting for a site visit.
PRE -APPLICATION CONFERENCE:
Prior to submittal of a subdivision application, the subdivider may request a pre -
application meeting with the Kalispell Planning Department.
A. The pre -application meeting shall follow the format provided for on the
pre -application worksheet. A copy of the worksheet can be obtained from
the planning department.
B. The meeting shall occur within 30 calendar days after the subdivider
submits a written request for the meeting to the Kalispell Planning
Department.
C. At the pre -application meeting the planning staff shall:
1. Identify, for informational purposes, the state laws, local regulations
and growth policy provisions that may apply to the subdivision
review process;
2. Provide the subdivider or the subdivider's agent with a list of public
utilities, local, state and federal agencies, and any other entities that
may be contacted for comment on the subdivision application and the
timeframes that the public utilities, agencies, and other entities are
given to respond.
a. If, during review of the application, the planning staff or the
planning board contacts a public utility, agency, or other
entity that was not included on the original list, the planning
staff shall notify the subdivider or subdivider's agent of the
contact and the timeframe for response; and
3. Identify particular additional information the planning staff
anticipates will be required for review of the subdivision application
pursuant to these regulations. This does not limit the ability of the
8 — Application Procedure
planning staff to request additional information at a later time.
4. Determine if an environmental assessment as provided for in
Appendix B is required or if parts or all the assessment are to be
waived.
a. Subdivisions proposing less than 30 residential dwelling units
are to be considered for waiver unless environmental issues,
advisory agency or neighborhood concerns require a portion
or all of an environmental assessment to be completed for the
project.
D. Unless the subdivider submits the subdivision application within 90 days of
the pre -application meeting, the subdivider may request a second pre -
application meeting prior to submitting the application.
28.2.03 SUBDIVISION EXEMPTION REVIEWS:
An application for review of a subdivision exemption shall include an electronic
copy of the proposed amended plat or certificate of survey, location of existing
utility connections, supplemental information necessary to show compliance with
the zoning ordinance, such as the location of buildings and driveways, and any
additional information necessary to determine whether the exemption should be
granted. An application shall include the payment of a fee as established by the City
Council. The City shall approve or deny the application within 20 business days
after submittal of a complete application and payment of the application fee.
28.2.04 PRELIMINARY PLAT SUBMITTAL REQUIREMENTS:
The subdivider shall submit the following to the Kalispell Planning Department. All
material shall be submitted as both a paper hard copy and an electronic version
submitted in a format pursuant to city policy.
1. Preliminary plat application and documentation listed on the form
(form available at Kalispell Planning Department).
2. Copies of the preliminary plat and one reproducible set of
supplemental information (See Appendix A).
3. Application fee as established by the Kalispell City Council.
4. One reduced copy of the preliminary plat not to exceed 11" by 17" in
size suitable for photocopier use.
5. If required, (a) geotechnical report; (b) grading plans; (c) utility
plans; (d) parks plan; (e) traffic impact study; (0 title report; (g)
wetland, river setback and floodplain information; and (h) sound
9 — Application Procedure
study.
6. Additional information to address specific review criteria in these
regulations or otherwise requested during the pre -application
process.
28.2.05 PRELIMINARY PLAT PROCESS:
A. A subdivision application is considered received on the date the application is
delivered to the Kalispell Planning Department if accompanied by the review
fee.
B. A subdivider may propose a phasing plan for approval with a preliminary plat.
The phasing plan must include a phasing plan and map that demonstrates what
lots will be included with each phase, what public facilities will be completed
with each phase, and the timeline for the proposed phases.
C. Initial Review:
1. The planning administrator has 20 business days to determine whether the
application contains all information and materials necessary to complete the
review of the application as set forth in the local subdivision regulations.
2. The planning administrator may review subsequent submissions of the
application only for information found to be deficient during the original
review of the application under subsection (C)(1).
3. A determination that an application contains sufficient information for
review as provided in subsection (C)(1) does not ensure approval or
conditional approval of the proposed subdivision and does not limit the
ability of the planning administrator to request additional information during
the review process.
D. Initial Determination After Application is Accepted:
After accepting a complete application proposing subdivision of a site, the
planning administrator shall make an initial determination of whether:
1. The proposed subdivision, with or without variances or deviations from
adopted standards, is in substantial compliance with the zoning and
subdivision regulations; and
2. All impacts resulting from the proposed subdivision were previously
analyzed and made available for public review and comment in the adoption,
amendment, or update of the land use plan, zoning regulations, and
subdivision regulations.
E. Public Comment Process:
10 — Application Procedure
1. If the planning administrator makes an initial determination that the
proposed subdivision, with or without variances or deviations from adopted
standards, meets the requirements of subsections (D)(1) and (D)(2), the
planning administrator shall provide public notice of its initial determination
in accordance with the City's adopted public participation plan providing for
a 15-business-day written public comment period during which the public
must have an opportunity to comment on the initial determination.
2. Unless public comment received on or before the last day of the comment
period provided in subsection (E)(1) supports a determination that the
proposed subdivision fails to meet either one or both of the requirements of
subsection (D)(1) or (D)(2), the planning administrator shall issue written
findings stating the results of the public comment and a final written decision
approving, approving with conditions, or denying the application, which
may be appealed as provided in Section 28.7.06 of these regulations.
3. If public comment received on or before the last day of the comment period
in subsection (E)(1) provides evidence that the proposed subdivision fails to
meet either one or both of the requirements of subsection (D)(1) or (D)(2),
the planning administrator shall proceed with further review of the
application as set forth in subsection (E)(4).
4. If the planning administrator makes an initial determination or public
comment received under subsection (E)(3) provides evidence that a proposed
subdivision of a site that, with or without variances or deviations from
adopted standards, fails to meet either one or both of the requirements of
subsection (D)(1) or (D)(2), the planning administrator shall proceed as
follows:
(a) request the applicant to collect any additional data and perform
any additional analysis necessary to provide the planning
administrator and the public with the opportunity to comment on and
consider the lack of substantial compliance with the zoning and
subdivision regulations and any new or significantly increased
potential impacts not previously identified and considered in the
adoption, amendment, or update of the land use plan, zoning
regulations, and subdivision regulations;
(b) collect any additional data or perform any additional analysis that
the planning administrator determines is necessary to provide the
local government and the public with the opportunity to comment on
and consider the lack of substantial compliance with the zoning and
subdivision regulations and any new or significantly increased
potential impacts not previously identified or considered in the
adoption, amendment, or update of the land use plan, zoning
regulations, and subdivision regulations; and
11 — Application Procedure
(c) provide public notice of the planning administrator's initial or
revised initial determination pursuant to the City's adopted public
participation plan providing a written comment period of 15 business
days during which the public must have an opportunity to participate
in and comment on the data collected and analysis performed
pursuant to subsections (E)(4)(a) and (E)(4)(b).
5. Any additional data, analysis, comment, or consideration described in
subsection (E)(4) must be limited to the lack of substantial compliance with
the zoning and subdivision regulations and any new or significantly
increased potential impacts resulting from the proposed subdivision to the
extent that the impact was not previously identified in the adoption,
amendment, or update of the land use plan, zoning regulations, zoning map,
or subdivision regulations
F. Agency Referrals:
The Planning Administrator may request comments from other city departments
and outside agencies in the course of the review of the preliminary plat. If a
proposed subdivision is situated within a rural school district, as described in
Section 20-9-615, MCA, the Planning Department shall provide a copy of the
application and preliminary plat to the school district.
G. Issuance of Decision:
1. Within 30 business days of the end of the written comment period provided
in subsection (E), the planning administrator shall issue written findings
stating the results of the public comment and shall issue a written decision to
approve, conditionally approve, or deny a proposed subdivision application,
which may be appealed as provided in Section 28.7.06 of these regulations.
2. The basis of the decision to approve, conditionally approve, or deny a
proposed preliminary plat is based on the administrative record as a whole
and a finding that the proposed subdivision:
(a) meets the requirements and standards of the Montana Land Use Planning
Act;
(b) meets the requirements of these regulations and the zoning ordinance,
and is in substantial compliance with the land use plan;
(c) meets the survey requirements provided in Section 76-25-412(1), MCA;
(d) provides the necessary easements within and to the proposed subdivision
for the location and installation of any planned utilities; and
12 — Application Procedure
(e) provides the necessary legal and physical access to each parcel within the
proposed subdivision and the required notation of that access on the
applicable plat and any instrument of transfer concerning the parcel.
3. (a) The written decision must identify each finding required in subsection
(G)(2) that supports the decision to approve, conditionally approve, or deny a
proposed preliminary plat, including any conditions placed on the approval
that must be satisfied before a final plat may be approved.
(b) The written decision must identify all facts that support the basis for each
finding and each condition and identify the regulations and statutes used in
reaching each finding and each condition.
(c) When requiring mitigation as a condition of approval, the City may not
unreasonably restrict a landowner's ability to develop land. However, in
some instances, the City may determine that the impacts of a proposed
development are unmitigable and preclude approval of the subdivision.
4. The written decision to approve, conditionally approve, or deny a proposed
subdivision must:
(a) be provided to the applicant;
(b) be made available to the public pursuant to the City's adopted public
participation plan;
(c) include information regarding the appeal process; and
(d) state the timeframe the approval is in effect.
H. The subdivider shall not proceed with any construction work on the proposed
subdivision, including grading and excavation relating to public improvements
until such time that an approval or conditional approval is granted by the City.
No building permits shall be issued on a property with an approved preliminary
plat until the final plat is approved and recorded or the preliminary plat is
withdrawn.
I. A subdivider may be required to pay or guarantee payment for part or all of the
costs of extending capital facilities related to public health and safety, including
but not limited to, public roads, sewer lines, water supply lines and storm drains
to a subdivision but the costs must reasonably reflect expected impacts
attributable to the subdivision. The Council may not require a subdivider to pay
or guarantee payment for part or all of the costs of constructing or extending
capital facilities related to education.
13 — Application Procedure
28.2.06 EFFECT OF PRELIMINARY PLAT APPROVAL:
A. An approved or conditionally approved preliminary plat shall be in effect for a
period of three years. At the end of the period, the planning administrator may,
at the request of the subdivider, extend the approval once by written agreement
for up to two years.
B. On receipt of a request for an extension, the planning administrator shall
determine whether the preliminary plat remains in substantial compliance with
the zoning and subdivision regulations. If the preliminary plat is no longer in
substantial compliance with the zoning or subdivision regulations, the extension
may not be granted.
C. After a preliminary plat is approved, the local government may not impose any
additional conditions as a prerequisite to final plat approval if the approval is
obtained within the original or extended approval period.
D. Any subsequent requests by the subdivider for extension of the approval must be
reviewed and approved by the governing body.
E. An approved or conditionally approved phased preliminary plat must be in effect
for 20 calendar years subject to Section 28.2.07(G) of these regulations.
F. The City may withdraw approval or conditional approval of an application and
preliminary plat if it determines that information provided by the subdivider, and
upon which the approval or conditional approval was based, is inaccurate.
28.2.07 FINAL PLAT PROCESS:
A. The following must be submitted with a final plat application along with the
application form provided by the Planning Department and the review fee as
established by the City Council. All items submitted shall include one paper
hard copy and an electronic copy. An application for final plat must be submittal
at least 60 days prior to the expiration of the preliminary plat.
1. Information demonstrating the final plat conforms to the written decision and
all conditions of approval set forth on the preliminary plat;
2. A plat that meets the survey requirements provided in Section 76-25-412(1),
MCA;
3. One mylar copy prepared in accordance with Appendix D;
4. All attachments to the final plat as specified in Appendix D;
5. Certification by the subdivider indicating which required improvements have
14 — Application Procedure
been completed on the site or are subject to a subdivision improvements
agreement in conformance with Chapter 28.8 and Appendix F of these
regulations securing the future construction of public improvements to be
installed; and
6. Confirmation the county treasurer has certified that all real property taxes
and special assessments assessed and levied on the land to be subdivided
have been paid.
B. The final plat may be required to be reviewed for errors and omissions in
calculation or drafting by an examining land surveyor before filing with the
county clerk and recorder. The examining land surveyor shall certify compliance
in a printed or stamped certificate signed by the surveyor on the final plat. A
professional land surveyor may not act as an examining land surveyor in regard
to a plat in which the surveyor has a financial or personal interest.
C. A final plat application is considered received on the date the application is
delivered to the Planning Department if accompanied by the review fee.
D. Initial Review:
1. Within 10 business days of receipt of a final plat, the planning administrator
shall determine whether the final plat contains the information required
under subsection (A) and shall notify the subdivider in writing.
2. If the planning administrator determines that the final plat does not contain
the information required under subsection (A), the planning administrator
shall identify the final plat's defects in the notification.
3. The planning administrator may review subsequent submissions of the final
plat only for information found to be deficient during the original review of
the final plat under subsection (D)(1).
4. A determination that the application for a final plat contains sufficient
information for review as provided in subsection (D)(1) does not ensure
approval of the final plat and does not limit the ability of the planning
administrator to request additional information during the review process.
E. Once a determination is made under subsection (D) that the final plat contains
the information required under subsection (A), the City Council shall review and
approve or deny the final plat within 20 business days.
F. The subdivider or the subdivider's agent and the governing body or its reviewing
agent or agency may mutually agree to extend the review periods provided for in
this section.
G. Phased Final Plats:
15 — Application Procedure
1. For a period of 5 years after approval of a phased preliminary plat, the
subdivider may apply for final plat of any one or more phases following the
process set forth in subsections (A) through (F).
2. After 5 years have elapsed since approval of a phased preliminary plat, the
planning administrator shall review each remaining phase to determine if a
phase may result in new or significantly increased potential impacts that
have not been previously identified and considered in the adoption of the
land use plan, zoning or subdivision regulations, or review and approval of
the phased preliminary plat. If the planning administrator identifies any new
or significantly increased potential impacts not previously identified and
considered, the planning administrator shall proceed as set forth in Section
28.2.05(E)(4).
3. If necessary to mitigate impacts identified in subsection (G)(2), the planning
administrator may impose conditions on any phase before final plat approval
is sought.
4. Each phase must be free-standing, that is, fully capable of functioning with
all the required improvements in place in the event the future phases are not
completed or completed at a much later time.
H. The sale of lots prior to final plat is provided for in Section 76-25-411, MCA.
L Prior to submitting a final plat application, engineering plans for all public
infrastructure and utilities shall be submitted to the city for approval in
accordance with the conditions of the approved preliminary plat and Appendix C
of these regulations.
J. The acceptance of land dedications shall be made by specific action of the City
Council and shall be noted on the plat.
K. The City Council may withdraw approval of a plat if it determines that
information provided by the subdivider, and upon which such approval was
based, is inaccurate.
L. Vacation of a Final Plat:
1. Any plat prepared and recorded as provided in this part may be vacated
either in whole or in part as provided by Sections 7-5-2501, 7-5-2502, 7-14-
2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115, MCA.
Upon vacation, the governing body or the district court, as provided in
Section 7-5-2502, MCA, shall determine to which properties the title to the
streets and alleys of the vacated portions must revert. The governing body or
the district court, as provided in Section 7-5-2502, MCA, shall take into
consideration:
16 — Application Procedure
a. The previous platting;
b. The manner in which the right-of-way was originally dedicated, granted,
or conveyed;
c. The reasons stated in the petition requesting the vacation;
d. The parties requesting the vacation; and
Any agreements between the adjacent property owners regarding the use
of the vacated area. The title to the streets and alleys of the vacated
portions may revert to one or more of the owners of the properties within
the platted area adjacent to the vacated portions.
2. Notwithstanding the provisions of subsection (L)(1), when any poleline,
pipeline, or any other public or private facility is located in a vacated street
or alley at the time of the reversion of the title to the vacated street or alley,
the owner of the public or private utility facility has an easement over the
vacated land to continue the operation and maintenance of the public utility
facility.
28.2.08 CORRECTING OR AMENDING FILED FINAL PLATS:
A. Correcting Filed Final Plats:
Correction of drafting or surveying errors that in the City Council's opinion
will not materially alter the plat, its land division, or the improvements to
less than the standards contained herein, may be made by the submission of a
corrected final plat for the City Council's approval. The plat shall be entitled
"Corrected Plat of the (name of subdivision) Subdivision" and the reason for
the correction shall be stated on the face of the plat.
B. Amending Filed Final Plats:
Changes that materially alter the final plat or any portion thereof or
its land divisions or improvements shall be made by the filing of an
amended plat showing all alterations. Within a platted subdivision,
any change which result in an increase in the number of lots, or
which redesigns or rearranges six or more lots, must be reviewed and
approved by the Cityand an amended plat must be filed with the
County Clerk and Recorder.
2. The amended plat shall be subject to procedural requirements for
subdivision review as a new proposed preliminary plat.. Amended
plats shall be subject to all standards contained in these Regulations.
The final amended plat submitted for approval shall comply with the
17 — Application Procedure
final plat requirements and Appendix D of these regulations with the
exception that the title shall include the word "Amended"
("Amended Plat of the [name] Subdivision" or "[Name] Subdivision,
Amended").
4. The relocation of common boundaries and the aggregation of lots
within platted subdivision where five (5) or fewer of the original lots
are affected are exempt from approval procedures as a subdivision.
In such case, an amended plat shall be prepared following the
requirements of Appendix D, except that in place of the City
Council's approval, the landowner certifies that the approval of the
City Council is not required pursuant to Section 76-3-207(l),
M.C.A., as amended.
28.2.09 PROCEDURE FOR SUBDIVISIONS CREATED BY LEASE OR RENT
(MOBILE HOME PARKS, RECREATIONAL VEHICLE PARKS, AND
CAMPGROUNDS)
Procedures and standards related to subdivisions created by lease or rent are set for
in Chapter 28.4 of these regulations.
18 —Design Standards
CHAPTER 28.3 - DESIGN STANDARDS
28.3.01 SUBDIVISIONS TO COMPLY WITH DESIGN STANDARDS:
A. All subdivisions shall comply with the following:
1. The City of Kalispell Standards for Design and Construction,
2. The design standards included in this chapter, and
3. The Kalispell Zoning Ordinance.
B. Variance/PUD exceptions granted:
1. A variance from a particular section of this chapter may be requested
in writing pursuant to Section 28.7.01 of these Regulations.
2. When a subdivider proposes to utilize the Planned Unit Development
provisions of the Kalispell Zoning Ordinance, individual variances to
these design standards are not necessary as long as the provisions of
the PUD process are adhered to under the zoning regulations.
C. All engineering and survey plans, specifications, design details and reports
required by the City shall be prepared by a licensed professional engineer or
registered surveyor as their respective license laws allow.
28.3.02 NATURAL ENVIRONMENT TO BE PRESERVED:
A. The design and development of subdivisions shall contain satisfactory
building sites which are properly related to topography and which preserve:
1. The natural terrain,
2. Natural drainage,
3. Existing top soil,
4. Trees and other existing natural vegetation, and
5. Wildlife and fish habitats.
6. Floodplain
B. Plantings may be required for buffering, screening, or soil erosion protection
and are subject to approval by the City Parks Director.
19 —Design Standards
28.3.03 LANDS UNSUITABLE FOR SUBDIVISION:
A. Lands where there is evidence of the following possible hazard conditions
occurring shall not be subdivided for building or residential purposes unless
the hazards are eliminated or mitigated by approved design and construction
plans.
1. Flooding,
2. High water table (seasonal high water table of less than 5 feet to
surface),
3. High voltage lines,
4. High pressure gas lines,
5. Landslides,
6. Rock falls,
7. Slopes in excess of 25% grade,
8. Subsidence,
9. Polluted or non -potable water supply,
10. Air or vehicular traffic hazards or congestion,
11. Any other features that may be detrimental to the health, safety or
general welfare of existing or future residents.
B. Development that would place unreasonable burdens on the general public
including excessive expenditure of public funds or environmental
degradation shall not be subdivided.
28.3.04 PLANNING CONSIDERATIONS:
Subdivision design shall take into account the following planning considerations:
A. Analyzing topography in relation to slope stability. (Type of soils/steepness
of grades.)
B. Setting aside land in the floodplain for uses which will not:
1. Aggravate the flood hazard;
2. Be endangered by flooding;
20 —Design Standards
3. Endanger the health, safety and welfare of the public.
C. Locating and reserving land area in floodplains, natural or scenic areas,
schools, parks, open space, road rights -of -way and easements according to
good planning and engineering practices and principles.
D. Providing for the continuation of streets into adjacent subdivisions or yet to
be developed lands unless there is an alternate design approved by the City
Engineer.
E. Properly situating multiple land uses within the subdivision to provide the
maximum convenience to the residents and intended users.
F. Identifying lands subject to hazardous conditions such as landslides, rock
falls, subsidence, high water table, open quarries, floods and polluted or non -
potable water supply.
G. Providing a development plan for the remainder of the site when only a
portion of an ownership is to be subdivided and developed. Such a plan
shall show at a minimum: proposed roadways, residential lot location, and
parks or common areas.
H. Compliance with the following adopted documents:
1. Kalispell Land Use Plan
2. Kalispell Area Transportation Plan
3. Kalispell Parks and Recreation Master Plan
4. Relevant adopted neighborhood or sub -area plans
5. Kalispell water, sewer and storm water facilities plans
28.3.05 FLOODPLAIN PROVISIONS:
A. Land located in a designated floodplain.
1. Land located in the floodway of a 100 year flood frequency as
defined by Title 76, Chapter 5, M.C.A., or land deemed subject to
flooding as delineated by the most current floodplain maps available
and adopted by the City of Kalispell, shall not be subdivided for
building or residential purposes, or proposed for other uses that may
increase the danger to life, health or property caused by flooding.
21 —Design Standards
28.3.06 WETLANDS, PONDS AND SLOUGHS:
Land located in wetlands, ponds or sloughs shall not be subdivided for building or
residential purposes or other uses that may increase or aggravate hazards to life,
health or welfare, or that may be prohibited by state regulations unless these
issues are mitigated.
A. Wetlands defined:
1. Wetlands are areas inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated or hydric soil
condition based on the following:
a. The duration the area is inundated or saturated by surface
or ground water and under normal circumstances support a
prevalence of vegetation typically adapted for life in
saturated or hydric soil condition; and/or
b. If vegetation is absent, soils or hydrology that indicate
wetland areas.
C. This definition does not include man made wetlands and
drainage facilities.
B. Setback
1. A minimum 100-foot setback shall be provided around the entire
wetland or that portion which is located on the property to be
subdivided.
2. Proposed lot boundaries will be located at or beyond the 100-foot
setback.
28.3.07 WATERCOURSE SETBACK:
Where a development is crossed by or is adjacent to a watercourse, the developer
shall mitigate the impacts of the development on the watercourse through the use
of setbacks and limitations on adjacent development. This mitigation may be
increased in areas of significant floodplain, adjacent wetlands or for bank
stabilization. Proposed lot boundaries will be located at or beyond the minimum
setback.
A. Purpose:
1. Supporting the riparian habitat.
22 —Design Standards
2. Protect water quality.
3. Protecting the stream/river channel and banks
4. Maintaining an effective sediment filter which helps maintain water
quality.
5. Protect adjacent property from natural water course morphology.
B. Minimum Setbacks:
1. A minimum 200 foot setback shall be provided for "impaired
streams". (Currently Ashley Creek and the Whitefish, Stillwater
and Flathead Rivers).
2. A minimum 100 foot setback shall be provided for Spring Creek
and Trumbull Creeks.
3. A minimum 50 foot setback shall be provided for all other water
courses such as intermittent or ephemeral streams. The USGS 7 1/2
minute quadrangle map shall be used as a reference followed by an
on -site inspection by planning department staff to assist in
determining if setbacks are warranted. The water course must
have a defined bed or channel and associated riparian vegetation to
be considered for the minimum setback. A swale does not
constitute an intermittent or ephemeral stream.
C. Setback measurements:
1. All watercourse setbacks shall be measured from the ordinary high
water mark. When no ordinary high water mark is discernible,
setbacks shall be measured from the top of the stream bank.
D. Permitted uses within the setback:
1. On -site storm water treatment facilities as approved by the Public
Works Department.
2. Trails and trail -related improvements (benches, trail signage,
bridges and other crossings) subject to the following provisions:
23 —Design Standards
a. Improvements must be constructed to minimize bank
instability, sedimentation, nutrient and pollution runoff.
b. Trails shall be aligned to minimize damage to plant and
wildlife habitat; and
C. Trails crossing water courses must receive appropriate
local, state and federal permits.
3. Streets, sidewalks, utility lines or similar public construction for
the purpose of crossing a watercourse subject to the following
provisions:
a. Crossings shall be minimized to the greatest extent feasible;
b. Crossings with direct angles (90 degrees) shall be used to
the greatest extent feasible instead of oblique crossing
angles;
C. Construction shall be capable of withstanding 100-year
flood events;
d. A bank stabilization plan shall be prepared and approved
by the City prior to site preparation and installation of the
improvement(s).
e. Streets shall allow passage of vehicular traffic per the
current Kalispell Standards for Design and Construction.
4. Control of noxious weeds and activities required within limits
outlined in an approved noxious weed control plan.
5. Park lands, park play facilities, open space and associated
recreational facilities.
6. Agricultural fences, irrigation facilities and other ag. related
activities.
E. Prohibited uses within the setback:
1. Fill material.
2. Parking lot development.
24 —Design Standards
Streets except for water course crossings.
4. Residential, commercial or industrial primary and accessory
structures.
F. The developer may request a reduction in the setbacks listed in Section
28.3.07.13 by providing the planning department with sound scientific
information and reasonable mitigation to address potential impacts. In the
case of bank stabilization a geotechnical report shall be required. The
review and approval, conditional approval or denial of the requested
reduction shall be in accordance with Section 28.7.01 (Variances) of these
regulations.
28.3.08 WATER RIGHTS — TRANSFER TO THE CITY:
For any subdivision creating parcels with lot sizes averaging less than five acres,
the transfer of water rights shall be addressed at the time of preliminary plat as
provided in 76-25-404(c), MCA.
A. The following options will be considered:
Where a homeowners association or other private or commercial
entity is proposed as part of the subdivision that will be charged
with maintaining open space, park lands, a golf course, agricultural
pursuits or similar uses that will require non -potable water for
irrigation, and the use of water for a closed loop thermal heat
pump, existing water rights may be transferred from the developer,
as directed by the city council, to that entity commensurate with
the proposed need.
2. The city council may request that water rights be transferred to the
city based on the city's need to provide municipal service to the
area.
The water right may be severed from the land and extinguished.
B. If water rights associated with the proposed subdivision are to be
transferred from the developer, they shall be transferred to the respective
entities at the time of filing a final plat. For phased projects the water
rights associated with each phase shall be transferred at the time of filing
of the particular final plat
25 —Design Standards
28.3.09 HIGHWAY SOUND MITIGATION:
Where a proposed residentially zoned (R or RA zone) subdivision abuts an existing
or planned major arterial road capable of generating noise in excess of 60 dBA,
design provisions shall be incorporated into the subdivision to mitigate the noise
impacts.
A. Noise mitigation techniques shall be utilized to reduce the noise impacts to
60 dBA at the lot line.
B. Upon submitting a preliminary plat the application shall include the
proposed noise mitigation method(s) to be used.
C. Noise mitigation techniques shall include one or more of the following
options:
1. Increased setbacks from the noise generator using open space or
parklands.
2. The use of non -noise sensitive land uses (storage units, parking areas,
office uses, commercial uses, or light industrial uses as anticipated by
the underlying zoning ordinance) buffering the sensitive land uses
from the noise generator.
3. Earth berms.
4. Fences or walls less than 6 1/z feet in height
5. Placement of streets, storm water detention facilities or other
required subdivision infrastructure to buffer the noise sensitive land
use and the noise generator.
D. Sound walls over 6 1/2 feet in height are specifically prohibited as a noise
mitigation tool.
28.3.10 GEOTECHNICAL REVIEW:
A geotechnical report shall be required for all subdivisions. The report may be
waived by the City Engineer based on a letter from a professional engineer with
geotechnical practice.
A. This report shall be completed by a professional engineer with
geotechnical practice and be submitted with the preliminary plat
application.
B. Said report must find that development of the pertinent lots would pose no
26 —Design Standards
significant geological hazards to either these lots or neighboring properties.
C. The applicant is required to comply with all recommendations of said report.
D. In addition, a statement shall be placed on the final plat noting those specific
lots as enumerated in the geotechnical report which may either be:
1. Subject to steep terrain and that the driveway access shall be
approved by the City Engineer as suitable prior to the start of
combustible construction, or
2. Subject to significant fill and foundations and driveways should be
designed accordingly.
28.3.11 LOTS:
Each lot shall contain a satisfactory building site which is properly located to
topography and conforms to the Kalispell zoning and floodplain ordinances and
these Regulations. The proposed lots shall meet the following standards:
A. No single lot shall be divided by a municipal boundary line.
B. Each lot shall abut and have legal and physical access (minimum 20 feet
wide) to a public or private street or road.
C. Alleys and emergency secondary access roads shall not be used to provide
the primary means of access to a lot.
D. Driveway Standards:
1. Each building (lot) must be able to be accessed by a driveway,
minimum 10 foot wide with a maximum 7% slope.
2. Corner lots must be designed to allow a driveway to be constructed
at least 35 feet from the edge of pavement of an intersecting street.
E. Flag lots shall only be utilized when all other methods of lot development are
unacceptable.
1. Flag lots are to be used in "infill" situations within developed areas
and are not considered appropriate in areas of new development.
2. A flag lot should not be developed adjacent to another flag lot.
However, if no other alternative exists, both lots shall share a
common driveway that meets fire dept. access standards.
3. The flag access road shall not exceed 150' measured from edge of
public R/W to the beginning of the buildable portion of the lot.
27 —Design Standards
4. The net area of the flag lot shall not include any portion of the "pole"
access strip that measures less than 30 feet in width.
F. Each lot shall have a building site suitable for intended development.
1. Residential minimum building sites are as follows:
a. Single family/duplex - min. 30' x 30' site
b. Townhouse - min. 30' x 40' site
2. Building sites shall be existing undisturbed terrain of 25% or less
slope.
G. No lot shall have an average depth greater than three times its average width
unless the average lot width is greater than 200 feet.
H. Side lot lines shall be substantially right angles to street or road center lines
and radial to curved street or road center lines.
I. Through lots are prohibited except where essential to provide separation of
development from major arterial streets or to overcome specific topographic
or orientation difficulties.
In such cases, a planting screen easement of a minimum width of 10 feet,
across which there shall be no right-of-way access, shall be provided along
the line of lots abutting the major traffic arterial or specific topographic or
orientation difficulty.
J. Lots shall be numbered consecutively throughout the subdivision. Phases
and blocks shall also be consecutively numbered.
28.3.12 BLOCKS:
A. Blocks shall be designed to assure traffic safety and ease of traffic control
and circulation, to accommodate the special needs of the use contemplated
and to take advantage of the limitations and opportunities of the topography.
1. Blocks shall be wide enough to allow for two tiers of lots except
where essential to provide separation of residential development
from traffic arteries or to overcome specific disadvantages of
topography and orientation.
2. Block lengths shall be not less than 250 feet or more than 600 feet.
3. Right-of-way, not less than 20 feet wide, for pedestrian walks/trails
shall be required where deemed essential to provide:
28 —Design Standards
a. Access to common facilities such as schools, parks, open
space, rivers, streams and lakes; or
b. When necessary to break up excessively long blocks (in
excess of 600 feet in length) that are allowed to address
unusual topography or road situations.
28.3.13 SUBDIVISION ACCESS:
A. Where access to the subdivision will be by an easement across privately
owned property, the subdivider must provide evidence that the necessary
easement has been acquired and that the easement encompasses the nature
and intensity of the use which will result from development of the
subdivision.
B. Any public or private street or road providing ingress and egress to a
subdivision shall meet the street design standards and specifications stated in
Section 28.3.14 of these Regulations.
C. A subdivision shall provide for the obvious and convenient extension of
future streets to lands beyond the subdivision:
1. R/W shall be extended and developed to connect with existing streets
that are stubbed to the proposed subdivision property.
2. R/W extensions shall also be stubbed out at regular block length
intervals along the boundaries of the subdivision unless limited or
prohibited by physical features or conflicting land uses.
3. Such extensions do not have to be improved if:
a. They do not connect to already developed streets, and
b. They do not provide primary access to any lots.
D. No residential subdivision shall gate its street off from public access.
E. Accesses into a subdivision shall be determined based on the following:
1. A single access into a subdivision is acceptable in the following
situations:
a. The primary access road is less than 1,000 feet and,
b. The subdivision contains less than 50 units.
29 —Design Standards
2. A second full access or multiple accesses are required in the
following situations:
a. The primary access road exceeds 1,000 feet; or
b. The subdivision serves 50 or more residential lots or 100
or more residential dwelling units; or
C. Where the Fire Chief determines that safe and convenient
access and emergency vehicle circulation dictate.
Note: A loop drive, with one access point, shall not qualify as
providing additional access.
28.3.14 STREETS AND ROADS — DESIGN STANDARDS:
A. All public R/W improvements including pavement, curbs, gutters,
boulevard treatment and drainage systems shall be:
1. Designed in accordance with the adopted Standards for Design and
Construction, Kalispell, Montana.
2. The design shall be approved by the City Engineer,
3. All work, upon completion, shall be certified by a licensed
Professional Engineer that it is in compliance with these
regulations, and
4. All work shall comply with Table 1 below.
30 —Design Standards
TABLE 1
STANDARDS FOR SUBDIVISION STREETS
Street
R/W
R/W
Travel
Sidewalk
Lots
Dwellings
Through
Lnfill
Max.
Ownership
(1)
Surface
Served
Served
Street
tech.
Grade
Min.
Max.
Max.
onlv
Local-1
Private
10
10
none
1
0 (utility)
No
8%
Local-2
Private
20
10
(None)
2
2
No
Yes
8%
Local-3
Private
30
20
One side
3
6
No
Yes
8%
Local-4
Private
40
20
each side
4
8
No
Yes
8%
with lots
served
Local-5
Private or
50
24
Both sides
5
20
No
Yes
8%
Public
Local-6
Public
60
28
Both sides
6+
n/a
Yes
8%
Collecto
Public
60
34
Both sides
n/a
n/a
Yes
8%
r
Arterial
Public
80
(2)
Both Sides
n/a
n/a
Yes
8%
t Terrain and design constraints may dictate greater right-of-way; all road disturbances must be
accommodated within the right-of-way.
2 Design approved by the City Engineer/Kalispell Design and Construction Standards.
B. Local streets shall be designed to allow for continuation to adjacent
properties with right-of-way spacing consistent with block lengths.
C. Permanent dead-end streets are discouraged and used sparingly when all
other design alternatives fail due to topography or existing improvements.
1. Dead-end streets shall not exceed 600 feet as measured from center
centerline intersection to center of cul-de-sac or center of approved
turn -around.
2. Such a street shall terminate in a turnaround feature approved by
the fire chief as follows:
a. Cul-de-sac for streets up to 600 feet long.
(1) Back of curb radius - 47 ft. min.
(2) Min outside R/W radius - 58 ft. min.
b. Hammerhead for streets up to 150 feet long.
31 —Design Standards
(1) Hammerhead travel surface shall extend 40 feet to the
right and left of centerline of the primary street.
(2) The travel surface in the hammerhead shall be a
minimum of 20 feet wide.
(3) Other turn around design as approved.
(4) May be waived if dead-end street is less than
110 feet long.
D. Temporary dead end streets where a future street is proposed shall comply
with (C) above.
E. Location of collector and arterial streets shall comply with the Kalispell
Land Use Plan and Kalispell Area Transportation Plan.
F. Minor Arterial design standards
The following roads are or are intended to function as minor arterial
streets in the future:
• Reserve Drive (Both east and west of Highway 93)
• Stillwater Road
• West Spring Creek Road
• Three Mile Drive
• Four Mile Drive
• Farm to Market Road
• Foys Lake Road
• Airport Road
• Cemetery Road
• Willow Glen Drive
• Whitefish Stage Road
• Rose Crossing
To protect the functional aspects of these roads and the neighboring
subdivisions one of the following standards shall be met when a proposed
residentially zoned (R or RA zone) subdivision abuts one of the above roads.
1. Lots shall be oriented inward with the rear lot lines of the lots
adjacent to the road right-of-way.
a. A uniform fence or wall design shall be included with the
preliminary plat application with the approved fence or
wall design installed by the developer
b. The creation of a homeowners association shall be included
with the preliminary plat application to address
32 —Design Standards
maintenance of the sidewalk or bike path and maintenance
of the boulevard landscaping along the subdivision's
frontage of the arterial street.
C. In lieu of creating a homeowners association the developer
may request a park maintenance district for maintenance of
the sidewalk or bike path and landscape boulevard to be
performed by the city.
2. A local street, approximately parallel to the arterial right-of-way,
with the back of curb at a minimum distance of 50 feet from the
arterial right-of-way. The distances between the local street and
arterial street may be increased or decreased with regards to
topography and the requirements of approach grades and grade
separations.
a. Lots along the local street shall be designed to permit future
homes to face the street.
b. The land between the arterial right-of-way and local street
right-of-way shall be irrigated and landscaped.
Landscaping shall include a mix of trees and ground cover
and one or more earth berms with a 4:1 slope and a
minimum height of 3 feet above street grade.
C. The creation of a homeowners association shall be included
with the preliminary plat application to address
maintenance of the landscaping between the two right-of-
ways, sidewalk or bike path and maintenance of the
boulevard landscaping along the arterial right-of-way.
d. In lieu of creating a homeowners association the developer
may request a park maintenance district for maintenance of
the landscaping between the two right-of-ways, sidewalk or
bike path and maintenance of the boulevard landscaping
along the arterial right-of-way to be performed by the city.
G. Collector Street design standards: To protect the functional aspects of the
street the following standards shall be met when a proposed residentially
zoned (R or RA zone) subdivision is adjacent to an existing or future
collector street or includes a collector street within the subdivision:
1. Individual driveways are prohibited except in infill situations.
Access to off-street parking spaces and/or garages shall be from an
alley.
33 —Design Standards
2. Lots shall be designed to orient the front of the house to the
collector street.
H. When a subdivision abuts or contains a railroad right-of-way or a
controlled access highway, a street approximately parallel to and on each
side of such right-of-way at a distance suitable for an appropriate use of
the intervening land may be required. Such distances shall also be
determined with regards to the requirements of approach grades and future
grade separations.
I. Collector streets shall be designed to afford access to arterial or other
collector streets or for street continuation to adjoining areas.
J. Residential driveways shall avoid direct access onto collectors and shall
not have direct access to arterial streets or State or Federal Highways.
K. Dedication of half streets are discouraged but will be reviewed on a case
by case basis and only when there is reasonable assurance that the
adjoining right-of-way can be obtained in the foreseeable future.
L. When a subdivision abuts an existing local, collector or arterial street, this
street shall be upgraded as follows:
1. If the required R/W for the abutting street is deficient, the
subdivider shall provide at a minimum one-half of the required
R/W to bring the road up to a minimum standard for the design
classification of street.
2. The subdivider shall at a minimum bring the abutting road profile
up to city standards including sidewalk, boulevard, street trees,
curb and gutter on the subdivision side of the street.
3. The subdivider shall upgrade the travel surface to the centerline of
the street but in no event shall the overall street travel surface be
less than the minimum required travel surface for a full street.
M. Traffic Calming Techniques as provided below shall be incorporated into
subdivisions when determined to be necessary to achieve enhanced
pedestrian safety and improved design; when addressing design challenges
caused by unusually long, straight or wide streets or when addressing
intersections with a mix of traffic and pedestrians:
1. Bulb outs at intersections or mid blocks to accommodate
pedestrian crossings.
a. Bulb outs should provide a maximum 20 foot wide vehicle
travel lane.
34 —Design Standards
2. Use of color or texture differentiated crosswalks.
a. This can be achieved by using colored, textured or
stamped concrete or concrete, brick or asphalt.
3. Incorporating sweeps or minor curves in a roadway to break up
long straight stretches of internal roadway for any straight stretch
of road in excess of 900 feet.
4. Incorporating speed humps or raised pedestrian crossings into
roadway designs.
5. Providing center islands either for landscaping or at intersections
and pedestrian crossings as areas of refuge for pedestrians.
6. Restricting the width of proposed travel surfaces where the
proposed width exceeds the minimum design standards of the city.
7. Round-abouts.
N. In subdivisions where lot access is provided by existing streets, the City in
its discretion may require waiver of protest to a special improvement
district (SID) to upgrade the street in lieu of actual street improvements, in
order to avoid upgrading small sections of existing streets, or may allow
payment in lieu of street improvements. Such payment will be subject to
approval by the department responsible for the operation and maintenance
of said improvement.
O. Street intersections shall be in accordance with the Kalispell Design and
Construction Standards.
P. All streets shall be named. Names of new streets aligned with existing
streets shall be same as those of existing streets. Proposed street names
shall not duplicate or cause confusion with existing street names and shall
be taken from an approved list located in the City Engineer's Office.
Q. Street light installations are required to provide lighting on all streets
within the subdivision.
R. Street or road signs and traffic control devices of the size, shape and
height as approved by the City Engineer shall be placed at all intersections
by the developer. Traffic control devices shall be consistent with the latest
addition of "Manual of Uniform Traffic Control Devices".
S. Transportation Impact Study (TIS) requirements.
35 —Design Standards
1. Subdivisions generating 300 or more average daily trips to the city
street system shall complete a traffic impact study (TIS) in
accordance with the Kalispell Design and Construction Standards.
2. The TIS shall be submitted with the application materials.
3. Prior to submitting a TIS, the applicant and/or engineer shall have
a scoping meeting with the public works department.
28.3.15 ALLEYS:
A. Alleys (public or private) may be required in any development.
B. Alleys in residential areas are required whenever:
1. Single family lots of less than 50 feet width are proposed,
2. Duplex or townhouse development creating a street frontage
density of 40 feet/unit or smaller on average is proposed for any
block.
3. Lots are adjacent to an existing or future collector street.
C. Alleys design standards:
1. Commercial alleys shall have a minimum 20 foot R/W and 20 foot
paved width.
2. Residential alleys shall have a minimum 16 foot R/W and a
minimum 12 foot paved width.
3. Alleys shall be open at both ends.
28.3.16 SIDEWALKSBIKE PATHS:
A. Sidewalks are required in the following situations unless modified by
these regulations:
I. In all residential subdivisions.
2. In all commercial subdivisions.
3. Whenever a subdivision abuts an arterial or collector street, along
that portion of the street.
4. To connect existing sidewalks to adjacent trail systems.
5. To connect existing public sidewalks with adjacent public or
36 —Design Standards
private sidewalk systems serving individual public or commercial
uses.
6. At the end of cul-de-sacs where deemed appropriate to provide
continued pedestrian access to lands beyond.
B. Sidewalks shall be required on both sides of the street.
1. The exception would be an exterior road to the subdivision in
which the developer would only be required to construct the
sidewalk on his side of the street.
C. The minimum width of the sidewalk shall be 5 feet
D. The minimum width of an asphalt surfaced bike path is 10 feet
E. The minimum width of a concrete bike path is 8 feet.
F. Residential sidewalks shall be separated from the street by a landscaped
boulevard or open space.
G. A minimum 2-inch sleeve shall be placed under the sidewalk serving each
residential lot for the purpose of allowing the convenient extension of
irrigation lines to the boulevard. The sleeve shall be installed 5 feet on
either side of the edge of the driveway. In the absence of a driveway, the
developer shall place a stamp in the concrete indicating the location of the
sleeve.
H. A bike path may be required in lieu of a sidewalk in areas where there is
an existing or proposed bike path in order to provide an extension of the
path. Conversely, where an existing bike path parallels a street, a
sidewalk would not be required along that side of the street.
I. Where actual sidewalk or bike path construction is premature, in the City's
opinion, a cash -in -lieu payment to the City equivalent to the cost of the
sidewalk or bike path may be made. The City shall review the cash -in -lieu
proposal prior to acceptance.
J. Sidewalks or bike paths, in instances where a bike path takes the place of a
sidewalk along the adjacent street, shall be kept clear of snow, debris,
bushes, etc. by the adjacent property owner or by an owners association if
one is created for that purpose.
K. The entity responsible for bike path maintenance shall be identified at the
time of preliminary plat approval.
L. Bike paths and sidewalks shall be designed per the AASHTO guidelines.
37 —Design Standards
28.3.17 DRAINAGE FACILITIES:
A. All storm water drainage improvements shall be designed in accordance
with the Kalispell Design and Construction Standards.
28.3.18 TEMPORARY EROSION AND SEDIMENTATION CONTROL:
A. Prior to the construction of improvements in the subdivision, the
subdivider shall be responsible for obtaining a storm water permit from
the public works department.
28.3.19 SOLID WASTE:
A. The subdivider shall assure the provisions for collection and disposal of
solid waste will meet the minimum requirements of the City of Kalispell.
B. If solid waste disposal is not to be the responsibility of individual lot or
dwelling owners within the subdivision, the subdivider shall provide an
off-street area for solid waste collections which will be aesthetically
screened from general public view and conveniently accessible to
collection vehicles subject to approval by the City Engineer.
C. The location and means for solid waste collections and disposal shall be
subject to approval by the City Engineer.
28.3.20 WATER AND SANITARY SEWER SYSTEMS:
A. All water and sanitary sewer facilities shall:
1. Comply with the Kalispell Standards for Design and Construction,
the Flathead City -County Health Department, and Montana
Department of Environmental Quality.
2. Be designed by a Professional Engineer licensed in the State of
Montana.
3. Be approved by the City Engineer.
28.3.21 UTILITIES/EASEMENTS:
A. It is the responsibility of the developer to construct or extend all roadways
and utilities from the existing facilities to the far property line of the
development or as otherwise specified by the City Engineer.
B. It is the developer's responsibility to obtain and provide the City with all
easements and R/W necessary to extend roadways and utilities to the far
property line of the development.
C. All new utilities shall be placed underground.
38 —Design Standards
D. All public utilities shall be within a public right-of-way or easement to
permit free and unobstructed access.
E. Underground private utilities shall be located on private property.
F. A 10-foot-wide utility easement shall be reserved along the front lot line
and side street lot line of each residential lot for the placement of privately
owned underground utilities. Where alleys are provided or required, the
utility easements shall be provided in the alley right-of-way.
G. No underground private utilities, except service sweeps to the street lights
and water and sewer service lines shall be placed in the boulevard between
the back of curb and sidewalk or within a sidewalk.
H. In addition to showing the location of the utility easements on the plat, the
following statement shall appear on the final plat:
"The undersigned hereby grants unto each and every person, firm or
corporation, whether public or private, providing or offering to provide
telephone, telecommunication, electric power, gas, cable television,
water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of
their lines and other facilities, in, over, under, and across each area
designated on this plat as "Utility Easement" to have and to hold
forever."
Developer's Signature
28.3.22 PARK LAND:
A. Park Dedication Requirements:
1. A subdivider shall dedicate to the City a cash or land dedication
equal to 0.03 acres per dwelling unit.
2. The City Council, Planning Commission, and Parks and Recreation
Department, giving due weight and consideration to the expressed
preference of the subdivider shall determine whether the park
dedication must be a land donation, cash donation or a
combination of both. When a combination of land and cash
donation is required, the cash donation may not exceed the
proportional amount not covered by the land donation.
B. Exceptions To Park Dedication:
1. Park dedication shall not be required for:
39 —Design Standards
a. Lots created greater than 5 acres in size;
b. Non-residential lots;
C. A subdivision where lots are not created except when that
subdivision provides permanent multiple spaces for
recreational camping vehicles, mobile homes, or
condominiums;
d. A subdivision in which only one additional lot is created.
2. A subdivision which provides long-term protection of critical
wildlife habitat; cultural, historical, or natural resources;
agricultural interests; or aesthetic values shall be allowed to reduce
the parkland requirement based on the amount of qualifying land
placed in long term protection.
C. Criteria For Parkland Dedication:
1. The City Council, in consultation with the Planning Board, Parks
and Recreation Department, and the subdivider, may determine
suitable locations for parks, playgrounds and open space.
2. Land dedicated for park or playground purposes shall:
a. Be useable land,
b. Shall serve residents of the entire subdivision,
c. Shall be of appropriate shape and size, and
d. Shall have convenient access by public or private roads
meeting City standards and specifications.
3. The following lands shall not be considered appropriate for park
purposes:
a. Average cross slope of the park site is greater than 10%;
b. More than five percent of the park site has an average cross
slope greater than 25%;
C. More than 25% of the park site is in a designated 100-year
floodplain;
d. More than 10% of the park site is wet, swampy or marshy;
40 —Design Standards
e. Is less than one acre in area;
f. Is an undeveloped open space area within a subdivision
which does not have appropriate size, dimensions, or access
to serve as a park;
g. Is in a floodway;
h. Is located within the first 50% of setback area of a riparian
area setback from any river, stream or wetland;
Commercial or for -fee recreational facilities such as golf
courses, athletic clubs, etc., unless the residents of the
affected development are offered substantially reduced fees
or free use and access.
D. Cash In Lieu of Park Land:
I. Where, because of size, topography, shape, location, or other
circumstances, the dedication of land for parks and playgrounds is
undesirable, the City 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.
a. It shall be the responsibility of the subdivider to provide
satisfactory evidence of the fair market value.
b. For the purpose of this section, the fair market value is
the value of undivided, unimproved land at the time of
filing of final plat.
C. When the subdivider and the City are unable to agree
upon the fair market value, the City may require that
the fair market value be established by an appraisal
done by a qualified real estate appraiser of its choosing.
d. The appraisal fee shall be the responsibility of the
subdivider.
2. The governing body may use the dedicated money to acquire,
develop or maintain parks or recreational areas or for the purchase
of public open space or conservation easements only if:
a. Such area is within the city limits,
41 —Design Standards
b. Such area is within a reasonably close proximity to the
proposed subdivision.
C. The project is in accordance with the Parks and
Recreation Comprehensive Master Plan.
3. The City may not use more than 50% of the dedicated money for
park maintenance.
28.3.23 FIRE PROTECTION:
A. All subdivisions shall be planned, designed, constructed, and maintained
so as to minimize the risk of fire and to permit effective and efficient
suppression of fires.
B. A statement shall be placed on the face of the final plat as follows: "All
house numbers will be visible from the street, either at the driveway
entrance or on the house".
C. The City may impose additional requirements which it may deem
necessary based on the consideration of size, location, density, and nature
of the subdivision.
28.3.24 MAIL BOXES/FACILITIES:
A. A common mail delivery site shall be provided with the design and
location approved by the local postmaster of the U.S. Postal Service.
B. The roadside face of such facility shall be offset from the edge of the
traveled roadway a minimum of eight feet.
C. A minimum pullout area for at least 2 vehicles shall be provided.
D. Sidewalk access shall be provided to the site.
E. The facility shall not block any portion of the sidewalk.
F. The mail delivery site shall be designed and constructed to be ADA
accessible.
28.3.25 WAIVER OF RIGHT TO PROTEST SID FOR ROADWAY
IMPROVEMENTS IN ADJACENT AREAS:
A. On the face of each final plat the following statement shall be placed:
The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which will specifically
benefit this subdivision.
42 —Mobile Home Parks, Recreational Vehicle Parks and Campgrounds
CHAPTER 28.4 - MOBILE HOME PARKS, RECREATIONAL
VEHICLE PARKS AND CAMPGROUNDS
28.4.01 SUBDIVISION CREATED BY RENT OR LEASE:
Subdivisions include an area, regardless of its size, that provides or will provide
multiple spaces for rent or lease on which mobile homes or recreational camping
vehicles will be placed.
28.4.02 EXEMPTION FROM SURVEY AND FILING REQUIREMENTS:
Mobile home parks, recreation vehicle parks and campgrounds are exempt from the
surveying and filing requirements of the Montana Land Use Planning Act but must
be submitted for review and approved by the City of Kalispell before portions
thereof may be rented or leased. Approval shall be based upon the criteria and
standards included in these Regulations.
28.4.03 PROCEDURES:
A. Mobile home parks, recreational vehicle parks and campgrounds shall
comply with and shall be processed in accordance to the procedures stated in
Section 28.2.05 of these Regulations.
B. In lieu of filing a final plat, the subdivider shall submit to the Kalispell
Planning Department full size paper copy and one digital copy of a plat
labeled "Revised Preliminary Plat" conforming to the requirements for
preliminary plats contained in Appendix A along with supplemental
information. The revised preliminary plat shall show the lot layout and the
typical location of the manufactured home, recreational vehicle, or other unit
on the lot. The revised preliminary plat shall also show all existing and
proposed buildings and structures, streets, parking and recreational area. The
revised preliminary plat shall be reviewed to assure that it conforms to the
approved preliminary plat and the conditions of approval of the preliminary
plat. The approved revised preliminary plat shall be maintained in the
Kalispell Planning Department Office.
C. Before any portion of a rental or lease subdivision may be rented or leased,
the subdivider shall have installed all required improvements. In case of a
phased development, unit spaces in each phase shall be rented or leased only
after all improvements pertaining to that phase are completed. Preliminary
plans, profiles, tentative grades and specifications for proposed
improvements shall be submitted to the City for review and approval prior to
the construction of improvements. The City may provide for inspection of
all required improvements in order to assure conformance with the approved
construction plans and specifications.
D. Mobile home parks, recreational vehicle parks and campgrounds are
43 —Mobile Home Parks, Recreational Vehicle Parks and Campgrounds
required to be licensed by the Montana Department of Environmental
Quality.
E. If a subdivision that will provide multiple spaces for recreational camping
vehicles or mobile homes is also a "trailer court," "work camp," "youth
camp," or "campground" as those terms are defined in section 50-52-101,
MCA, the governing body will not grant final approval of the subdivision
until the subdivider obtains a license for the facility from the Montana
Department of Public Health and Human Services under Title 50, Chapter
52, MCA.
28.4.04 GENERAL STANDARDS FOR SUBDIVISIONS CREATED BY RENT OR
LEASE:
A. Subdivisions created by rent or lease shall comply with all the provisions of
Chapter 28.3, Design Standards, except where modified by this Chapter.
B. The City Council may require:
1. Storage facilities on the lot or in compounds located within a
reasonable distance.
2. A central area storage for parking of boats, trailers or other
recreational vehicles.
3. Landscaping to serve as a buffer between the development and
adjacent properties.
4. An off-street area for mail delivery.
5. Sidewalks.
6. Curbs and gutters.
7. Street lighting.
8. Management regulations.
28.4.05 PARK LAND DEDICATION:
The City may waive park land dedication and cash donation requirements if the
subdivider develops at least one -ninth of the area of the development as park or
playground.
44 —Mobile Home Parks, Recreational Vehicle Parks and Campgrounds
28.4.06 STREETS:
A. No on -street parking shall be permitted on the entrance street for a distance
of 100 feet from the point of entrance.
B. Streets within the subdivision shall be private unless otherwise required by
the City Council and shall comply with the street design standards in Section
28.3.14.
C. Rights -of -way in excess of the roadway width shall not be required for
private streets.
D. Streets shall be adapted to the topography and site conditions and shall have
suitable alignment and gradient for traffic safety and drainage.
28.4.07 MOBILE HOME PARK STANDARDS:
A. Lot requirements:
Mobile home lots shall be arranged to permit the safe and practical
placement and removal of mobile homes. Allowable density shall not
exceed what is allowed under the property's zoning district and land use
designation under the future land use map.
B. Minimum standards:
1. All mobile homes shall be located at least 25 feet from any property
boundary line abutting upon a public street or highway right-of-way
and at least 15 feet from the other outer boundaries of the park.
2. All buildings, structures and mobile homes shall be located at least
10 feet from the street providing access to it.
C. Lot coverage:
A mobile home shall not occupy more than one-third of the lot area. The
total area occupied by a mobile home and its roofed accessory buildings and
structures shall not exceed two-thirds of the area of the lot.
D. Distance between mobile homes:
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.
E. Detached accessory structures:
No detached structure, such as a storage shed, shall be located within five
45 —Mobile Home Parks, Recreational Vehicle Parks and Campgrounds
feet of any mobile home or its attached structures.
F. Parking spaces required:
A minimum number of parking spaces shall be provided as required under
the Kalispell Zoning Ordinance. Each parking space shall measure 9 feet
by 20 feet.
G. Marking of mobile home lots:
The limits of each mobile home lot shall be clearly marked on the ground
by permanent flush stakes, markers or other suitable means. Location of
lot limits on the ground shall be approximately the same as shown on the
approved plans.
H. Mobile homes to be skirted:
Each mobile home shall be skirted within 60 days after it is moved upon a
lot within the mobile home park. Said skirting shall be of a fire resistant
material complementary to that of which the mobile home exterior is
constructed and shall be attached to the mobile home.
I. Electrical systems:
All electrical lines serving the subdivision shall be buried underground.
28.4.08 RECREATIONAL VEHICLE PARK AND CAMPGROUND STANDARDS:
The provisions of this chapter shall apply to recreational vehicle parks and
campgrounds, except as follows:
A. Roadway width:
The following standards shall govern the roadway widths:
1. A minimum 10 feet roadway width shall be provided for one-way
streets or roads within the park/campground, provided such street:
a. Does not exceed 500 feet in length;
b. Has no on -street parking;
C. Serves 25 or less spaces.
2. Otherwise the following shall apply:
a. 24 feet if no on -street parking is proposed;
46 —Mobile Home Parks, Recreational Vehicle Parks and Campgrounds
b. 28 feet if parking is proposed on one side of the street;
C. 36 feet if parking is proposed on both sides of the street.
d. Minimum centerline curvature radius of 45 feet.
B. Recreational vehicle space:
The lots or recreation vehicle spaces shall meet the following
standards:
Minimum lot (space) width = 25 feet.
2. Minimum lot (space) area = 1,500 square feet.
C. Distance between recreational vehicles:
The distance between the recreational vehicles shall not be less than 15 feet.
This includes any fold -out or pop -out portion or awnings attached to the
vehicle.
47 —Evasion Criteria for Land Exempt from Subdivision Review
CHAPTER 28.5 - EXEMPTIONS FROM SUBDIVISION REVIEW AND EVASION
CRITERIA
28.5.01 PURPOSE:
The Montana Land Use Planning Act provides that certain divisions of land,
which would otherwise constitute subdivisions, are exempt from local subdivision
review and approval, unless the use of the exemption is an attempt to evade
subdivision review. The exemptions are found in Section 76-25-402, MCA.
28.5.02 CRITERIA TO DETERMINE WHETHER A PROPOSAL IS AN ATTEMPT
TO EVADE THE MONTANA SUBDIVISION AND PLATTING ACT:
The governing body and its agents, when determining whether an exemption is
claimed for the purpose of evading subdivision review, shall consider all of the
surrounding circumstances. These circumstances include the nature of the
claimant's business, the prior history of the particular tract in question, the
proposed configuration of the tracts if the proposed exempt transaction is
completed and any pattern of exempt transactions that will result in the equivalent
of a subdivision without local government review.
28.5.03 REMAINING PARCELS OF LAND:
A. Occasionally parcels of land are created after the rest of the land has been
subdivided or after an exemption is used to divide the land. The term
"remainder" has been used to refer to that portion of an original tract
which is not itself created for transfer but which is left after other parcels
are segregated for transfer.
B. A "remainder" less than 160 acres in size, contiguous to a proposed
subdivision, will be considered a lot in that subdivision and will not evade
review as a "remainder." If an exemption by a certificate of survey is used,
the remaining tract of land is a separate parcel which must be surveyed.
C. A landowner claiming that a parcel is a "remainder" shall present evidence
that the parcel is in fact intended to be retained and not to be transferred.
Examples of such evidence include the existence of the landowner's
residence on the parcel or building plans for a structure to be built by or
for the landowner.
48 — Monumentation
CHAPTER 28.6 - MONUMENTATION
28.6.01 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.
28.6.02 All permanent control monuments set to control or mark the boundaries of any
division shall be not less than one-half inch diameter by 24 inches in length with a
cap not less than one and one -quarter inch diameter marked in a permanent manner
with the name and/or registration number of the registered land surveyor in charge
of the survey. A cap of the above dimensions may be set firmly in concrete.
28.6.03 Prior to filing any subdivision plat 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 of re-tracement 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 description shall be sufficient to identify the
monuments without reference to another record of survey.
28.6.04 All monuments must be set prior to filing a plat or certificate 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.
28.6.05 The plat or certificate shall clearly show the relationship of all adjacent monuments
of record and the relationship of the monuments of record to monuments set after
filing.
28.6.06 Monuments not less than three -eights inch in diameter and 18 inches 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.
28.6.07 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 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 filed.
28.6.08 If the land surveyor uses any previously established monument, he must confirm the
49 — Monumentation
location of the monument. If properly confirmed and shown and described on the
filed plat, such a monument shall be considered a monument of record.
28.6.09 Any monuments removed during the course of construction shall be replaced
whenever removed by the party who removed the monument.
50 — Administration
CHAPTER 28.7 - ADMINISTRATION
28.7.01 VARIANCES:
A. Application:
Certain circumstances exist or arise wherein an unnecessary hardship is created
through strict adherence to the provisions of these regulations. There is hereinafter
provided provisions for the granting of a variance from the provisions of these
regulations, so that the public welfare is secured, and substantial justice can be
done to those so affected. Application procedures for a variance follow:
1. Application for a variance may be filed by any property owner or their
designated agent for the affected property. The application must be for
relief from subdivision design and improvement standards.
2. Such application shall be made on a form provided by the office of the
Planning Administrator. Multiple requests for variance for the same project
may be filed on a single application and charged a single fee.
3. The completed application and fee as set by the City Council shall be
submitted to the Planning Administrator. No part of any such fee shall be
refundable after an application is filed and such fee paid, except under
petition by the applicant and approval by the Planning Administrator. No
fee paid for an action which is declared closed or ruled invalid shall be
refunded.
4. The application must be submitted and considered prior to an application or
in conjunction with an application for subdivision approval. Any approval
relying on the variance application shall not be issued until the variance
application is approved, approved with conditions, or denied, and the
approval shall be in conformance with the determination on the variance.
B. Processing of Application:
1. The variance request shall be reviewed and determined by the Planning
Administrator. The Planning Administrator's decision is final, and no
further action may be taken except as provided in Sec. 76-25-503, MCA,
relating to appeals.
51 —Administration
2. Public notice providing for a 15-day written public comment period shall be
provided pursuant to the City's adopted public participation plan.
3. The granting of a variance must meet all of the following criteria:
a. The variance is not detrimental to public health, safety or general
welfare;
b. The variance is due to conditions peculiar to the property, such as
physical surroundings, shape, or topographical conditions;
C. Strict application of the regulations to the property results in an
unnecessary hardship to the owner as compared to others subject to
the same regulations and is not self-imposed;
d. The variance will not cause a substantial increase in public costs;
and
e. The variance will not place the property in nonconformance with
any other regulations.
4. Additional criteria may apply if the variance is associated with a floodplain
or floodway pursuant to the requirements of Title 76, Chapter 5, MCA.
5. In approving a variance, the Planning Administrator may impose such
conditions as are in its judgment necessary to promote the general
provisions of these regulations.
5. A variance shall be valid indefinitely, provided it is exercised within one
year of the date of issuance, or as otherwise provided for by the Planning
Administrator.
28.7.02 ENFORCEMENT:
A. Penalty for Violation:
Any person or corporation, whether owner, lessee, principal agent, employee, or
otherwise, who violates any provisions of these regulations or permits any such
violation or fails to comply with any of the requirements thereof, may be subject to
penalties as a municipal infraction pursuant to Chapter 1, Article II of the Kalispell
52 — Administration
City Code. Each day of continued violation shall constitute a separate, additional
violation. The Planning Administrator or his authorized agent is hereby authorized to
enforce the Subdivision Regulations of the City of Kalispell by issuing a civil citation.
B. Use of Available Remedies Authorized:
In addition to penalties as a municipal infraction, remedies may include, but are not
necessarily limited to, an injunction, mandamus, abatement, or any other appropriate
action provided for in law.
C. Procedure Prior to Seeking Civil Penalties:
Prior to seeking civil penalties against a property owner, the owner shall be provided
with a written notice, by mail or hand delivery, of each violation of the regulations.
The notice shall be provided to the address of the owner of record on file in the office
of the county recorder. The notice shall provide a reasonable opportunity to cure the
noticed violation and include a schedule of the civil penalties that may be imposed for
failure to cure the violation before expiration of a time certain.
28.7.03 ILLEGAL TRANSFERS OF LAND:
The final plat shall be riled 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.
A. If illegal transfers or offers of any manner are made, the City of Kalispell shall
commence action to enjoin further sales, transfers, or offers of sale or transfer and
compel compliance with all provisions of the Montana Land Use Planning Act and
these Regulations.
B. The cost of such action shall be imposed against the person transferring or offering to
transfer the property.
28.7.04 SCHEDULE OF FEES:
In order to cover costs of reviewing plans, advertising, holding public hearings, and 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 Kalispell City
Council.
28.7.05 AMENDMENT PROCEDURE:
A. Initiation and Amendment:
The City Council may, after consideration by and on the recommendation of the
Planning Commission, amend, supplement, or change the text of these regulations. An
53 —Administration
amendment, supplement, or change may be initiated as specified in Sec. 76-25-
403(l)(b), MCA. Application shall be made to the Planning Department on the
appropriate application form and payment of the appropriate application fee specified
by the City Council.
B. Review of Proposed Amendment:
The review process and criteria for a proposed amendment detailed in Sec 76-25-403,
MCA, shall be followed.
C. Hearing for Amendment:
The Planning Commission shall hold public hearings on the matters referred to it at
which parties in interest and citizens shall have an opportunity to be heard.
1. Notice shall be provided pursuant to the City's adopted public participation
plan.
2. After such hearing or hearings, the Planning Commission will make reports
and recommendations on said petition or initiation to the City Council.
3. Based on the results of the Planning Commission hearing, the staff report and
the findings of the Planning Commission, the City Council shall by ordinance
render a decision to grant, amend or deny the requested amendment.
28.7.06 APPEALS:
A. Basis of Appeal:
Appeals of any final decision made under this ordinance shall be made in
accordance with Sec 76-25-503, MCA.
B. Application and Procedure.
1. Application shall be made to the Planning Department on the appropriate
application form and payment of the appropriate application fee specified
by the City Council.
2. No part of any such fee shall be returnable after an appeal is filed and such
fee is paid, except upon petition by the appellant and approval by the
Planning Administrator. No fee paid for an action which is declared closed
or ruled invalid shall be refunded, provided that a refund shall be allowed
upon petition by the applicant if the board rules in favor of the applicant.
54 — Administration
3. Processing and review of the appeal, including provision of notice, shall be
pursuant to Section 76-25-503, MCA. As provided in the section, notice of
the appeal must be published as provided in Sec 7-1-4127, MCA.
55 — Subdivision Improvements Guarantee
CHAPTER 28.8 - SUBDIVISION IMPROVEMENTS GUARANTEE
28.8.01 SUBDIVISION IMPROVEMENTS AGREEMENTS PROCESS:
All conditions imposed by the City at the time of approval of the preliminary plat and all
required improvements shall be completed prior to the approval of the final plat. However,
the City Council may allow a subdivider, at the subdivider's option, to defer completion of
certain required improvements in which case the following procedures and requirements shall
apply:
A. The subdivider shall enter into a subdivision improvements agreement with the
city, found in Appendix F of these regulations, which guarantees the outstanding
conditions will be completed.
B. The subdivider shall certify that at least 2/3 (based on value of completed work) of
all required improvements are designed and completed.
C. The subdivider shall not be allowed to bond for:
Public water or sewer infrastructure improvements including fire hydrants
or lift stations which are necessary to serve any lot being final platted.
2. Roadway improvements including sub base and base work which are
necessary to provide an all weather access road to any lot being final
platted.
D. All conditions of approval shall be completed within the time schedule provided in
the subdivision improvements agreement. The initial term of an agreement shall
not exceed 12 months from date of city council approval however, the City
Manager, upon request by the subdivider may extend the agreement in increments
not to exceed 12 months if:
The subdivider demonstrates a reasonable hardship exists which is not
solely financial;
2. The conditions do not place a health or safety burden on existing lots; and
3. The improvements are not necessary for the convenient enjoyment or use of
lots which are in the process of developing or being utilized.
E. The subdivider shall submit plans, specifications and cost estimates, prepared by a
registered professional engineer, for the completion of all remaining improvements.
F. The projected improvements cost shall be 125% of the current costs for completing
56 — Subdivision Improvements Guarantee
the improvements.
G. Upon completion of required improvements, the subdivider shall file with the City
a statement certifying that:
I . All required improvements are complete;
2. The improvements are in compliance with the minimum standards specified
by the City Council;
3. The subdivider knows of no defects in these improvements;
4. The improvements are free and clear of any encumbrance or liens;
5. All applicable fees and surcharges have been paid.
H. The subdivider shall also file with the City:
1. Copies of final construction plans, road profiles, proposed grades, and
specifications for improvements, and
2. Copies of final as -built plans, profiles, grades and specifications for
improvements.
3. A two year warranty bond guaranteeing all new city infrastructure.
I. The subdivider will provide for inspection of all required public improvements by a
registered professional engineer before the City releases the subdivider from the
subdivision improvements agreement.
J. Upon completion of the inspection, the inspecting engineer shall file with the City a
statement certifying that the improvements have been completed in the required
manner.
K. Only after the inspecting engineer certifies that improvements are complete and free
from defect, and after receipt of other statements detailed above, the City shall release
the subdivider from the subdivision improvements agreement.
28.8.02 FAILURE TO SATISFACTORILY COMPLETE IMPROVEMENTS:
A. If the City determines that any improvements are not constructed in compliance with
the specifications, it shall furnish the subdivider with a list of specific deficiencies and
may withhold collateral sufficient to ensure proper completion.
B. If the City council determines that the subdivider will not construct any or all
improvements to required specifications, or within the time limits, it may withdraw
57 — Subdivision Improvements Guarantee
collateral and use these funds to construct the improvements and correct any
deficiencies to meet specifications. Unused portions of these funds shall be returned
to the subdivider or crediting institution.
28.8.03 ACCEPTABLE FORMS OF IMPROVEMENTS GUARANTEES:
The subdivider shall provide one or more of the following financial security guarantees as
approved and accepted by the City Council. The financial guarantee shall equal the amount
of the projected cost of installing all required improvements as described in Section 28.8.01.
The City shall reduce the bond requirements commensurate with the completion of
improvements.
A. Escrow account:
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 where the funds are to be deposited must
be approved by the City Council.
Where an escrow account is to be used, the subdivider shall give the City Council an
agreement with the bank guaranteeing the following:
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 other obligation during that period.
2. That should the subdivider fail to complete the required improvements; the
bank shall immediately make the funds in escrow available to the City Council
for completing these improvements.
B. Letter of credit:
Subject to City Council approval, the subdivider shall provide the City Council with a
letter of credit from a bank or other reputable institution or individual certifying the
following:
That the creditor guarantees funds in an amount equal to the projected cost, as
approved by the City Council, of completing all required improvements;
2. That if the subdivider fails to complete the specified improvements within the
required period, the creditor will immediately pay to the City of Kalispell
upon presentation of a sight draft without further action, an amount of cash
necessary to finance the completion of those improvements, up to the limit of
credit stated in the letter;
3. That the letter of credit may not be withdrawn or reduced in amount until
released by the City Council.
58 — Subdivision Improvements Guarantee
C. Sequential development:
The city may approve an incremental payment or guarantee plan. The improvements
in a prior increment must be completed or the payment or guarantee of payment for
the costs of the improvements incurred in a prior increment must be satisfied before
development of future increments.
D. Special improvement 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 installation
of required improvements will be financed through a special improvement district
created pursuant to Title 7, Chapter 12, M.C.A. The 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.
The subdivider, or other owners of the property involved, must also petition the City
Council to create a special improvement district, which constitutes a waiver by the
subdivider or the other owners of the property of the right to protest or petition against
the creation of the district under Section 7-12-4110, M.C.A. This waiver must be
filed with the County Clerk and Recorder and will be deemed to run with the land.
E. Surety performance bond:
The bond shall be executed by a surety company authorized to do business in the State
of Montana and acceptable as a surety to the City Council and countersigned by a
Montana agent. The bond shall be payable to the City of Kalispell. The bond shall be
in effect until the completed improvements are accepted by the City Council.
F. Other acceptable guarantee(s):
The City Council, at its discretion, may accept any other reasonable guarantee not
stated herein, to ensure satisfactory completion of the improvements.
59- Defmitions
CHAPTER 28.9 - DEFINITIONS
Whenever the following words and phrases appear in these Regulations, 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 "may" indicates a use of discretion in making a decision.
28.9.01 ADJOINING LANDOWNER (ADJACENT PROPERTY OWNER):
The owner of record of a parcel of land that is contiguous, at any point, or land that is
separated from the parcel by a road, watercourse or deeded right-of-way.
28.9.02 AGRICULTURE:
All aspects of farming or ranching including the cultivation or tilling of soil; dairying; the
production, cultivation, growing, harvesting of agricultural or horticultural commodities;
raising of livestock, bees, fur -bearing animals or poultry; and any practices including,
forestry or lumbering operations, including preparation for market or delivery to storage, to
market, or to carriers for transportation to market.
28.9.03 AGRICULTURAL WATER USER FACILITIES:
Those facilities which provide water for irrigation or stock watering to agricultural lands
for the production of agricultural products. These facilities include, but are not limited to,
ditches, head gates, pipes, and other water conveying facilities.
28.9.04 AGGRIEVED PARTY:
A person who can demonstrate a specific personal and legal interest, as distinguished from a
general interest, who has been or is likely to be specially and injuriously affected by the
decision.
28.9.05 APPLICANT:
A person who seeks a land use permit or other approval of a development proposal.
28.9.06 BLOCK:
A group of lots, tracts or parcels bounded by public streets, railroads, natural features, platted
or unplatted lands or a combination thereof.
28.9.07 BUILT ENVIRONMENT:
Man-made or modified structures that provide people with living, working, and recreational
spaces.
60- Defmitions
28.9.08 CASH -IN -LIEU DONATION:
Cash -in -lieu donation is the amount equal to the fair market value of unsubdivided,
unimproved land.
28.9.09 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.
28.9.10 CITY:
The City of Kalispell in Flathead County, Montana.
28.9.11 CITY COUNCIL:
The City Council of the City of Kalispell, Montana.
28.9.12 CLERK AND RECORDER:
The Clerk and Recorder for Flathead County, Montana.
28.9.13 COMMON AREA:
That portion of a subdivision which is reserved for the common use and maintenance of some
or all residents. Such a use may include: common mail box facilities, parks, trails, storm
water management areas, boulevards and/or infrastructure.
28.9.14 COUNTY:
Flathead County, Montana.
28.9.15 COVENANT:
An agreement, in writing, of two or more parties by which any one of the parties pledges to
the others that something is done or shall be done.
28.9.16 DEDICATION:
The deliberate appropriation of land by an owner for any general and public use, reserving no
rights to the owner which are incompatible with the full exercise and enjoyment of the public
use to which the property has been devoted.
61- Definitions
28.9.17 DEVELOPER:
An owner or any person with authorization from the owner, who intends to improve or to
construct improvements upon his property. Same as Subdivider.
28.9.18 DIVISION OF LAND:
The segregation of one or more parcels of land from a larger tract held in single or undivided
ownership by transferring or contracting to transfer title to a portion of the tract or properly
filing a certificate of survey or subdivision plat establishing the identity of the segregated
parcels pursuant to this chapter. The conveyance of a tract of record or an entire parcel of land
that was created by a previous division of land is not a division of land.
28.9.19 DWELLING UNIT:
One or more rooms designed for, or occupied exclusively by one household.
28.9.20 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.
28.9.21 ENGINEER (REGISTERED PROFESSIONAL ENGINEER):
A person licensed in conformance with the Montana Professional Engineer Registration Act
(Title 37, Chapter 67, M.C.A.) to practice engineering in the State of Montana.
28.9.22 EXAMINING LAND SURVEYOR:
A registered land surveyor duly appointed by the governing body to review surveys and plats
submitted for filing.
28.9.23 FLOODPLAIN:
The area adjoining a watercourse or drainage way which would be covered by the flood water
of a flood of 100 year frequency. A 100 year flood has a one percent chance of occurring in
any given year.
28.9.24 FLOODWAY:
The channel of a watercourse or drainage way and those portions of a floodplain adjoining the
channel which are reasonably required to carry and discharge the floodwater of any
watercourse or drainage way.
62- Defmitions
28.9.25 GOVERNING BODY:
The City Council, City of Kalispell, Flathead County, Montana.
28.9.26 HOMEOWNERS ASSOCIATION:
An association of all the owners of real property within a geographic area defined by physical
boundaries that: (a) is formally governed by a declaration of covenants, bylaws, or both; (b)
may be authorized to impose assessments that, if unpaid, may become a lien on a member's
real property; and (c) may enact or enforce rules concerning the operation of the community
or subdivision.
28.9.27 HAMMER HEAD TURN -AROUND:
A "T" shaped turn -around used at the end of a dead end street which provides three point turn
around capability.
28.9.28 IMPROVEMENT AGREEMENT:
A contractual agreement that may be required by the governing body to ensure the
construction of such improvements as required by local subdivision regulations. The
improvement agreement may require collateral to secure the construction of such
improvements, such as the deposit of certified funds, irrevocable letters of credit, performance
bonds, private or public escrow agreements, or similar financial guarantees.
28.9.29 IMPROVEMENTS:
Any structure or facility constructed to serve common use by the residents of a subdivision or
the general public. The improvements may include parks, streets and roads, parking areas,
sidewalks, trails, curbs and gutters, street lighting, utilities and systems for water supply,
sewage disposal and drainage.
28.9.30 JURISDICTIONAL AREA/JURISDICTION:
The area within the boundaries of the local government. For municipalities, the term includes
those areas the local government anticipates may be annexed into the municipality over the
next 20 years.
28.9.31 LAND USE PERMIT:
An authorization to complete development in conformance with an application approved by
the local government.
63- Definitions
28.9.32 LAND USE PLAN:
The Land Use Plan means the land use plan and future land use map adopted in accordance
with state statutes
28.9.33 LAND USE REGULATIONS:
Land Use Regulations means zoning, zoning map, subdivision, or other land use regulations
authorized by state law.
28.9.34 LEGAL ACCESS:
Where the subdivision abuts a public (city, county or state road) or where the subdivider has
obtained adequate and appropriate easements across all necessary properties from a public
road to the subdivision.
28.9.35 LOCAL GOVERNING BODY/GOVERNING BODY:
"Local governing body" or "governing body" means the elected body responsible for the
administration of a local government.
28.9.36 LOT:
A parcel of land, tract or lot on file and of record in the office of the Clerk and Recorder,
Flathead County, Montana, space or other land area created by subdivision for sale, rent, lease
or other purpose.
28.9.37 LOT MEASUREMENT:
A. Lot Depth: The depth (or length) of a lot shall be:
If the front and rear lines are parallel, the shortest distance between the lines.
2. If the front and rear lines are not parallel, the shortest distance between the
midpoint of the front lot line and the midpoint of the rear lot line.
3. If the lot is triangular, the shortest distance between the front lot line and a line
parallel to the front lot line, not less than 10 feet long lying along the rear of
the lot but still wholly within the lot.
B. Lot Rear: The rear property line of a lot is that lot line opposite to the front property
line. Where the side property lines of a lot meet in a point, the rear property line shall
be assumed to be a line not less than 10 feet long, lying within the lot and parallel to
the front property line. In the event that the front property line is a curved line then
the rear property line shall be assumed to be a line not less than 10 feet long, lying
within the lot and parallel to a line tangent to the front property line at its midpoint.
64- Defmitions
C. Lot Front: The front property line of a lot shall be determined as follows:
I . Corner Lot: The front property line of a corner lot shall be the shorter of the
two lines adjacent to the streets as platted, subdivided or laid out. Where the
lines are equal, the front line shall be that line which is obviously the front by
reason of the prevailing custom of the other buildings on the block. If such
front is not evident, then either may be considered the front of the lot, but not
both.
2. Interior Lot: The front property line of an interior lot shall be the line
bounding the street frontage.
3. Through Lot: The front property line of a through lot shall be that line which
is obviously the front by reason of the prevailing custom of other buildings in
the block. Where such front property line is not obviously evident, the Zoning
Administrator shall determine the front property line. Such a lot over 200 feet
deep shall be considered, for the purpose of this definition, as two lots, each
with its own frontage.
D. Lot Area: The total horizontal area within the confines of the boundary lines of a lot.
Where street easements are located within or bordering a parcel, lot area computation
shall not include that area contained within the easement.
E. Lot Side: The side property lines of a lot are those lot lines connecting the front and
rear property lines of a lot.
28.9.38 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. Irregular Lot (Flag Lot): An irregularly shaped lot typified by being almost entirely
land -locked and having limited access and/or no direct frontage. Access to a public or
private street is typically by an extended strip of land either deeded or by easement.
D. Irregular Lot (Pie Lot): An irregularly shaped lot which at the front lot line contains
minimal frontage and a substandard lot width but as the depth increases, side lot lines
rapidly expand to a legal width.
E. Through Lot: A lot with double frontage where the front lot line faces one public
street and the rear lot lint faces another public street.
F. Sublot: A lot intended to contain an attached, single-family residence. A townhouse
lot. (See zoning def.)
65- Defmitions
28.9.39 MANUFACTURED HOUSING:
A dwelling for a single household, built offsite in a factory that is in compliance with the
applicable prevailing standards of the United States department of housing and urban
development at the time of its production. A manufactured home does not include a mobile
home or housetrailer, as defined in Section 15-1-101, MCA.
28.9.40 MANUFACTURED HOME LOT:
A designated portion of a manufactured home park designed for the accommodation of one
manufactured home and its accessory buildings or structures for the exclusive use of the
occupants.
28.9.41 MANUFACTURED HOME PARK:
A parcel of land under single ownership on which two or more spaces are rented or leased for
the placement of manufactured homes. The space size requirements, setbacks, and other such
dimensions of a mobile home park shall be established by the City of Kalispell Subdivision
Regulations.
28.9.42 MINISTERIAL PERMIT:
A permit granted upon a determination that a proposed project complies with the
applicable regulations and meets all established standards set forth in the applicable
regulations. The determination must be based on objective standards, involving little or no
personal judgment, and must be issued by the planning administrator.
28.9.43 MONUMENT (PERMANENT MONUMENT):
A 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.
28.9.44 NATURAL VEGETATIVE BUFFER
Areas along water bodies that are vegetated with many plant species including grasses,
shrubs and trees. The natural term refers to plant species that are naturally found along
local riparian areas and allowed to grow and establish plant communities that are found
along undisturbed banks. These areas are not manicured landscapes, but are allowed to
grow in a natural state.
28.9.45 OPEN SPACE:
Any part of a lot unobstructed from the ground upward. Any area used for parking or
maneuvering of automotive vehicles or storage of equipment or refuse shall not be deemed
open space.
66- Defmitions
28.9.46 OVERALL DEVELOPMENT PLAN:
The plan for a subdivision design for a single tract proposed to be subdivided in stages.
28.9.47 PHYSICAL ACCESS:
A constructed road that conforms to the local subdivision standards providing access from a
public (city, county or state) road to the subdivision.
28.9.48 PLANNED UNIT DEVELOPMENT (PUD):
A land development project consisting of residential clusters, industrial parks, shopping
centers, or office building parks that compose a planned mixture of land uses built in a
prearranged relationship to each other and having open space and community facilities in
common ownership or use. A PUD allows for flexibility of design, setting or density, in
exchange for improved overall site design.
28.9.49 PLANNING ADMINISTRATOR:
The person designated by the local governing body to review, analyze, provide
recommendations, or make final decisions on any or all zoning, subdivision, and other
development applications as required in this chapter, or a person designated and supervised by
the planning administrator to perform the duties.
28.9.50 PLANNING COMMISSION:
The Kalispell City Planning Commission, formed pursuant to Title 76, Chapter 25, M.C.A.
28.9.51 PLAT:
A graphic representation of a subdivision prepared by a licensed surveyor showing the
division of land into lots, parcels, blocks, streets, 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 governing body.
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
67- Defmitions
requirements set forth in these Regulations and the Montana Land Use Planning Act.
C. Amended 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 Land Use Planning Act
D. Vacation of plat:
A plat which has been voided under the provisions of Montana law.
28.9.52 POND:
A permanent or seasonal body of open water generally smaller and shallower than lakes.
28.9.53 PUBLIC HEALTH AND SAFETY:
The prevailing healthful, sanitary condition of well being for the community at large.
Conditions that relate to public health and safety include but are not limited to: disease
control and prevention; emergency services; environmental health; flooding, fire or
wildfire hazards, rock falls or landslides, unstable soils, steep slopes, and other natural
hazards; high voltage lines or high pressure gas lines; and air or vehicular traffic safety
hazards.
28.9.54 PUBLIC UTILITY:
"Public utility" has the meaning provided in 69-3-101, except that for the purposes of these
regulations, the term includes a county water or sewer district as provided for in Title 7,
chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water
supply systems established by the governing body of a municipality pursuant to Title 7,
chapter 13, parts 42, 43, and 44.
28.9.55 RECREATIONAL VEHICLE PARK:
A place used for public camping where persons can rent space to park individual camping
trailers, pick-up campers, motor homes, travel trailers, or automobiles for transient dwelling
purposes.
28.9.56 RECREATIONAL VEHICLE SPACE:
A designated portion of a recreational vehicle park designed for placement of a single
recreational vehicle and the exclusive use of its occupants.
68- Defmitions
28.9.57 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.
28.9.58 RIGHTS -OF -WAY:
A linear public way established or dedicated for public purposes by a duly recorded plat,
deed, easement, grant, prescription, condemnation, governmental authority or by operation
of law, intended to be occupied by a street, non -motorized vehicle path, railroad, electric
transmission lines, water line, sanitary sewer line, storm sewer line, or other similar uses.
28.9.59 SIDEWALK:
A paved walkway designed to provide for safe and convenient circulation of pedestrians.
28.9.60 SLOUGH:
Sloughs or old meander channels are generally narrow, shallow water bodies that are either
connected to or were previously connected to a river system. Typically they contain
stagnant water, are generally influenced by ground water and provide wetlands habitat.
28.9.61 STATE:
State of Montana.
28.9.62 STREET TYPES:
For purposes of these Regulations, street types are defined as follows:
A. Alley:
A service way, open to public travel and dedicated to public use, affording a
secondary means of vehicular access to abutting property 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 relatively
large volumes of traffic. Arterials have two to four lanes of traffic and provide limited
access to abutting property.
C. Collector:
A street or road having the equally important functions of moving traffic and
69- Defmitions
providing access to adjacent land. Collector streets have two traffic lanes and two
parking lanes.
D. Cul-de-Sac:
A street having only one outlet for vehicular traffic and terminating in a turn -around
area.
E. Dead End Street:
A street having only one outlet for vehicular traffic.
F. 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.
G. Half -Street:
A portion of the width of a street, usually along the outside perimeter of a subdivision,
where the remaining portion of the street must be located on adjacent property.
H. 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 having two
traffic lanes may have one or two parking lanes.
I. Loop:
A local street which begins and ends on the same street, generally used for access to
properties.
J. Private:
A street or road which provides primary access to a lot or property but is not owned or
maintained by a government agency.
K. Secondary Access/Emergency Access Road:
A local road whose primary function is to serve as an alternate access in or out of a
development in emergency situation for both emergency vehicles and the public.
Such roads may be built to a lesser standard than typically required for subdivision
roads, but if constructed to a lesser standard, it does not qualify as a primary access
road or as providing legal access to a lot.
70- Defmitions
28.9.63 SUBDIVIDER:
Any person, firm or corporation, or other entity who causes land to be subdivided or who
proposes a subdivision of land.
28.9.64 SUBDIVISION:
A division of land or land so divided that it creates one or more parcels containing less than
160 acres that cannot be described as a one -quarter aliquot part of a United States government
section, exclusive of public roadways, in order that the title to the parcels may be sold or
otherwise transferred and includes any resubdivision and a condominium. The term also
means an area, regardless of its size, that provides or will provide multiple spaces for rent or
lease on which recreational camping vehicles or mobile homes will be placed.
28.9.65 SUBDIVISION GUARANTEE:
A form of guarantee that is approved by the commissioner of insurance and is specifically
designed to disclose the information required in Section 76-25-413, MCA.
28.9.66 SUBSTANTIAL COMPLIANCE:
"Substantial compliance" means:
(a) with respect to the amendment of an adopted land use plan, that all facets of the proposed
amendments, when taken together, comply, not strictly and rigidly but substantially, with the
densities, standards, and community intent for development of the community as set forth in
the jurisdiction's adopted land use plan;
(b) with respect to the adoption or amendment of a zoning map, zoning regulation, or
subdivision regulation, that all facets of the proposed map, regulation, or amendment, when
taken together, comply, not strictly and rigidly but substantially, with the densities, standards,
and community intent for development of the site as set forth in the jurisdiction's applicable
adopted land use plan; and
(c) with respect to the proposed development of a particular site, that all facets of the
proposed development, when taken together, comply, not strictly and rigidly but substantially,
with the densities and standards for development of the site as set forth in the jurisdiction's
applicable adopted zoning regulations, zoning map, and subdivision regulations.
28.9.67 SWALE:
A drainage channel or shallow depression designed to direct surface water flow.
7 1 - Definitions
28.9.68 TOWNHOUSE:
A building or structure that has two or more dwelling units erected in a row as a single
building, and where the owner of each unit may exclusively own the land underneath the unit
in addition to jointly owning the common areas in the development.
28.9.69 TRACT:
Land area proposed to be subdivided.
28.9.70 TRACT OF RECORD:
A parcel of land, irrespective of ownership, that can be identified by legal description,
independent of any other parcel of land, using documents on rile in the records of the County
Clerk and Recorder's Office.
28.9.71 VICINITY SKETCH:
A map at a scale suitable to locate the proposed subdivision, showing the boundary lines of all
adjacent properties and streets and other information necessary to determine the general
location of the proposed subdivision.
28.9.72 WILDLIFE:
Those animals that are not domesticated or tamed, or as may be defined in the land use
plan.
28.9.73 WILDLIFE HABITAT:
The place or area where wildlife naturally lives or travels through.
72-Appendix A —Preliminary Plat
APPENDIX A
PRELIMINARY PLAT
L CONTENTS OF THE PRELIMINARY PLAT:
The preliminary plat may be comprised of one (1) or more sheets. Each sheet shall be either
18" x 24" or 24" x 36" in size and shall be drawn to a scale not less than 200 feet to an inch.
The following information shall be shown on the face of the preliminary plat:
A. Name and location of the subdivision, scale and north point;
B. Location of all section corners or subdivision corners pertinent to the subdivision
boundary;
C. Exterior boundaries of the tract to be subdivided including bearings and distances
sufficient to locate the exact area proposed for subdivision;
D. All lots and blocks designated by numbers, approximate dimensions scaled to the
nearest foot, and the area of each lot estimated to the nearest 0.1 acre;
E. Ground contours for the tract in accordance to the following requirements:
Where the Average Contour Intervals
Slope of the for the Entire
Entire Site Is Plat Shall Be
Under 10% Two (2) feet
10% - 15% Five (5) feet
Over 15% Ten (10) feet
If a uniform contour interval is not practical, the contour interval may be changed for
steep areas, if such a change is clearly identifiable through shading or other
appropriate graphic technique;
F. All existing and adjoining streets and alleys, avenues, roads and highway, and width
of the right-of-way with existing and proposed street names and access points from
the nearest public roads;
G. Any existing and proposed utilities, utility easements and right-of-way easements
located or proposed to be located on or adjacent to the tract, including description of
their width and purpose;
H. Location, boundaries, dimensions and areas of any parks or areas dedicated for
common or public use;
73-Appendix A —Preliminary Plat
L Location and size of existing buildings, structures and improvements, if to be retained;
J. Designated one hundred year (100-year) floodway and/or floodplain area, if any;
K. Location and size of all natural and environmental features on the site including rivers,
streams, springs, ponds, wetlands and lakes.
II. SUPPLEMENTS TO THE PRELIMINARY PLAT:
A. VICINITY MAP(S):
One or more vicinity map(s) showing:
1. Ingress and egress to the subdivision from the adjoining or nearest public
roads;
2. Any rivers, streams, creeks or wetlands adjoining or in the vicinity of the
proposed subdivision;
3. All tracts, lots or land parcels adjoining the proposed subdivision together with
the name and address of the owner of each tract, lot or land parcel verified by
the County Clerk and Recorder or a title company. Where the subdivision
abuts a public right-of-way, or water course less than 150 feet in width, the
properties across such right-of-way or water course shall be considered as
adj acent.
4. Names of any adjoining platted subdivisions and/or numbers of adjoining
Certificates of Survey on record in the Office of the Clerk and Recorder.
5. Location of any buildings, railroads, power lines, towers, roads, and other land
uses.
6. Any existing or proposed zoning.
B. COMMON AREA MANAGEMENT PLAN:
If any common area is proposed to be part of the subdivision, the subdivider shall
submit a plan for long term management of these areas. If common property and/or
facilities within the subdivision are to be maintained by an association of the property
owners, the subdivider shall submit a draft of the restrictions which will govern the
association. These restrictions shall, at a minimum, provide that:
I. The property owners association will be formed prior to sale of any lots within
the subdivision;
2. Membership is mandatory for all property owners in the subdivision;
74-Appendix A —Preliminary Plat
3. The association is responsible for any liability insurance, payment of taxes on
common property and maintenance of common use areas and facilities;
C. ENVIRONMENTAL ASSESSMENT:
An environmental assessment report shall accompany the preliminary plat, unless
exempted pursuant to subsections 1, 2 and 3 of this section. Appendix "B" of these
Regulations provides the format of and the considerations and criteria to be address in
the environmental assessment.
The requirement for submittal of the "environmental assessment" may be partially or
completely waived by the planning staff at the time of the pre -application meeting
when the proposed subdivision is:
Totally within the Kalispell Land Use Plan boundary area adopted pursuant to
Title 76, Chapter 25, M.C.A., wherein zoning regulations have been adopted
pursuant to Title 76, Chapter 25,M.C.A. and a long range development
program of public works projects. has been adopted;
2. In an area for which a land use plan has been adopted pursuant to Title
76,Chapter 25, M.C.A., and the proposed subdivision is in compliance with
the plan, or if the subdivision contains fewer than ten (10) parcels and less
than 20 acres, the Planning Commission may exempt the subdivider from the
completion of all or any portion of the environment assessment.
D. PHASED PROJECTS:
The applicant, as part of the preliminary plat approval, may propose to delineate on
the preliminary plat two or more final plat filing phases and establish the schedules of
the preliminary plat review and approval.
Each phase must be free-standing, that is, fully capable of functioning with all
the required improvements in place in the event the future phases are not
completed or completed at a much latter time.
2. A phasing plan must be submitted which includes:
A preliminary plat that clearly numbers and shows each individual
phase,
b. A time frame for the development of each phase,
75-Appendix A —Preliminary Plat
A street and utility extension plan for each phase. Said plan is
premised on the understanding that each phase is intended to be free
standing on its own merits should additional phases not occur.
(1) As such, certain streets and utility extensions may be required
to be extended beyond a particular phase for safety and service
purposes.
(2) Temporary dead end streets are not allowed. Where a street
temporarily dead ends, a temporary cul-de-sac may be
required. If said street exceeds cul-de-sac standards for length
or is critical to the traffic flow of the area, it may be required to
be extended beyond the immediate phase.
76 — Appendix B — Environmental Assessment
APPENDIX B
ENVIRONMENTAL ASSESSMENT
GENERAL INSTRUCTIONS
This Environmental Assessment format shall be used by the applicant as a guide in compiling a
thorough description of the potential impacts of the proposed subdivision. Each question pertinent to
the proposal must be addressed in full (both maps and text); those questions not applicable shall be so
stated. Incomplete Environmental Assessments will not be accepted.
The sources of information for each section of the Assessment shall be identified. All Environmental
Assessments shall contain the signature, date of signature and mailing address of the owner of the
property and the person, or persons, preparing the report.
PART I —PROPERTY DESCRIPTION
1. Surface Water
Locate on a plat overlay or sketch map:
A. Any natural water systems such as streams, rivers, intermittent streams, lakes or
marshes (also indicate the names and sizes of each).
B. Any artificial water systems such as canals, ditches, aqueducts, reservoirs, and
irrigation systems (also indicate the names, sizes and present uses of each).
C. Time when water is present (seasonally or all year).
D. Any areas subject to flood hazard, or in delineated 100 year floodplain.
E. Describe any existing or proposed stream bank alteration from any proposed
construction or modification of lake beds or stream channels. Provide information
on location, extent, type and purpose of alteration, and permits applied for.
2. Groundwater
Using available data, provide the following information:
A. The minimum depth to the water table or to the historic water table and identify
dates when depths were determined. What is the location and depth of all aquifers
which may be affected by the proposed subdivision? Describe the location of
known aquifer recharge areas which may be affected.
B. Describe any steps necessary to avoid depletion or degradation of groundwater
recharge areas.
3. Topography, Geology and Soils
A. Provide a map of the topography of the area to be subdivided, and an evaluation of
suitability for the proposed land uses. On the map identify any areas with highly
erodible soils or slopes in excess of 15% grade. Identify the lots or areas affected.
Address conditions such as:
i Shallow bedrock
ii Unstable slopes
iii Unstable or expansive soils
77 — Appendix B — Environmental Assessment
iv Excessive slope
B. Locate on an overlay or sketch mapny known hazards affecting the development which
could result in property damage or personal injury due to:
a. Falls, slides or slumps -- soil, rock, mud, snow.
b. Rock outcroppings
C. Seismic activity.
d. High water table
C. Describe measures proposed to prevent or reduce these hazards.
D. Describe the location and amount of any cut or fill more than three feet in depth. Indicate
these cuts or fills on a plat overlay or sketch map. Where cuts or fills are necessary,
describe plans to prevent erosion and to promote vegetation such as replacement of topsoil
and grading.
4. Vegetation
A. On a plat overlay or sketch map:
i. Indicate the distribution of the major vegetation types, such as marsh, grassland,
shrub, coniferous forest, deciduous forest, mixed forest.
ii. Identify the location of critical plant communities such as:
a. Stream bank or shoreline vegetation
b. Vegetation on steep, unstable slopes
c. Vegetation on soils highly susceptible to wind or water erosion
d. Type and extent of noxious weeds
B. Describe measures to:
i. Preserve trees and other natural vegetation e.g. locating roads and lot boundaries,
planning construction to avoid damaging tree cover.
ii. Protect critical plant communities e.g. keeping structural development away from
these areas, setting areas aside for open space.
iii. Prevent and control grass, brush or forest fires e.g. green strips, water supply,
access.
iv. Control and prevent growth of noxious weeds
5. Wildlife
A. Identify species of fish and wildlife use the area affected by the proposed subdivision.
B. On a copy of the preliminary plat or overlay, identify known critical wildlife areas, such as
big game winter range, calving areas and migration routes; riparian habitat and waterfowl
nesting areas; habitat for rare or endangered species and wetlands.
C. Describe proposed measures to protect or enhance wildlife habitat or to minimize
degradation (e.g. keeping buildings and roads back from shorelines; setting aside wetlands
as undeveloped open space).
6. Land Use
A. Describe the existing historical use of the site.
B. Describe any comprehensive plan recommendations and other land use regulations on and
78 — Appendix B — Environmental Assessment
adjacent to the site. Is zoning proposed? Is annexation proposed?
C. Describe the present uses of lands adjacent to or near the proposed development. Describe
how the subdivision will affect access to any adjoining land and/or what measures are
proposed to provide access.
D. Describe the basis of the need for the subdivision. How much development of a similar
nature is, or is not, available in the area?
E. Describe any health or safety hazards on or near the subdivision (mining activity, high voltage
lines, gas lines, agricultural and farm activities, shooting ranges, septage disposal operations,
etc.) Any such conditions should be accurately described and their origin and location
identified.
F. Describe any on -site uses creating a nuisance (unpleasant odor, unusual noises, dust, smoke,
etc.). Any such conditions should be accurately described and their origin and location
identified.
PART II - SUMMARY OF PROBABLE IMPACTS
Summarize the effects of the proposed subdivision on each topic below. Provide responses to the
following questions and provide reference materials as required:
1. Effects on Agriculture
A. Is the proposed subdivision or associated improvements located on or near prime farmland
or farmland of statewide importance as defined by the Natural Resource Conservation
Service? If so, identify each area on a copy of the preliminary plat.
B. Describe whether the subdivision would remove from production any agricultural or
timber land.
C. Describe possible conflicts with nearby agricultural operations, e.g., residential
development creating problems for moving livestock, operating farm machinery, operating
septage disposal sites, maintaining water supplies, controlling weeds or applying
pesticides; agricultural operations suffering from vandalism, uncontrolled pets or damaged
fences.
D. Describe possible nuisance problems which may arise from locating a subdivision near
agricultural or timber lands.
E. Describe effects the subdivision would have on the value of nearby agricultural lands.
2. Effects on Agricultural Water User Facilities
A. Describe conflicts the subdivision would create with agricultural water user facilities, e.g.
residential development creating problems for operating and maintaining irrigation
systems, and whether agricultural water user facilities would be more subject to vandalism
or damage because of the subdivision.
B. Describe possible nuisance problems which the subdivision would generate with regard to
agricultural water user facilities, e.g. safety hazards to residents or water problems from
irrigation ditches, head gates, siphons, sprinkler systems, or other agricultural water user
facilities.
3. Effects on Local Services
A. Indicate the proposed use and number of lots or spaces in each:
79 — Appendix B — Environmental Assessment
Residential, single family
Residential, multiple family
Types of multiple family structures and number of each, e.g. duplex, 4-plex
Planned unit development (No. of units)
Condominium (No. of units)
Mobile Home Park
Recreational Vehicle Park
Commercial or Industrial
Other (Please describe )
B. Describe the additional or expanded public services and facilities that would be required of
local government or special districts to serve the subdivision.
i. Describe additional costs that would result for services such as roads, bridges, law
enforcement, parks and recreation, fire protection, water, sewer and solid waste
systems, schools or busing, (including additional personnel, construction, and
maintenance costs).
ii. Who would bear these costs, e.g. all taxpayers within the jurisdiction, people within
special taxing districts, or users of a service?
iii. Can the service providers meet the additional costs given legal or other constraints,
e.g. statutory ceilings on mill levies or bonded indebtedness?
iv. Describe off -site costs or costs to other jurisdictions may be incurred, e.g.
development of water sources or construction of a sewage treatment plant; costs
borne by the municipality.
C. Describe how the subdivision allows existing services, through expanded use, to operate
more efficiently, or makes the installation or improvement of services feasible, e.g. allow
installation of a central water system, or upgrading a rural road.
D. What are the present tax revenues received from the unsubdivided land?
i. By the County
ii. By the municipality if applicable
iii. By the school(s)
E. Provide the approximate revenues received by each above taxing authority if the lots are
reclassified, and when the lots are all improved and built upon. Describe any other taxes
that would be paid by the subdivision and into what funds.
F. Would new taxes generated from the subdivision cover additional public costs?
G. How many special improvement districts would be created which would obligate local
government fiscally or administratively? Are any bonding plans proposed that would affect
the local government's bonded indebtedness?
4. Effects on the Historic or Natural Environment
A. Describe and locate on a plat overlay or sketch map known or possible historic,
paleontological, archaeological or cultural sites, structures, or objects that may be affected
by the proposed subdivision.
B. How would the subdivision affect surface and groundwater, soils, slopes, vegetation,
historical or archaeological features within the subdivision or on adjacent land? Describe
plans to protect these sites.
i. Would any stream banks or lake shorelines be altered, streams rechanneled or any
surface water contaminated from sewage treatment systems, run-off carrying
sedimentation, or concentration of pesticides or fertilizers?
ii. Would groundwater supplies likely be contaminated or depleted as a result of the
subdivision?
80 — Appendix B — Environmental Assessment
iii. Would construction of roads or building sites require cuts and fills on steep slopes
or cause erosion on unstable, erodible soils? Would soils be contaminated by
sewage treatment systems?
iv. Describe the impacts that removal of vegetation would have on soil erosion, bank,
or shoreline instability.
V. Would the value of significant historical, visual, or open space features be reduced
or eliminated?
vi. Describe possible natural hazards the subdivision could be subject to, e.g., natural
hazards such as flooding, rock, snow or land slides, high winds, severe wildfires, or
difficulties such as shallow bedrock, high water table, unstable or expansive soils,
or excessive slopes.
C. How would the subdivision affect visual features within the subdivision or on adjacent
land? Describe anticipated efforts to visually blend the proposed development with the
existing environment, e.g. use of appropriate building materials, colors, road design,
underground utilities, and revegetation of earthworks.
5. Effects on Wildlife and Wildlife Habitat
A. Describe what impacts the subdivision or associated improvements would have on wildlife
areas such as big game wintering range, migration routes, nesting areas, wetlands, or
important habitat for rare or endangered species.
B. Describe the effect that pets or human activity would have on wildlife.
6. Effects on the Public Health and Safety
A. Describe any health or safety hazards on or near the subdivision, such as natural hazards,
lack of water, drainage problems, heavy traffic, dilapidated structures, high pressure gas
lines, high voltage power lines, or irrigation ditches. These conditions, proposed or
existing, should be accurately described with their origin and location identified on a copy
of the preliminary plat.
B. Describe how the subdivision would be subject to hazardous conditions due to high voltage
lines, airports, highways, railroads, dilapidated structures, high pressure gas lines,
irrigation ditches, and adjacent industrial or mining uses.
C. Describe land uses adjacent to the subdivision and how the subdivision will affect the
adjacent land uses. Identify existing uses such as feed lots, processing plants, airports or
industrial firms that could be subject to lawsuits or complaints from residents of the
subdivision.
D. Describe public health or safety hazards, such as dangerous traffic, fire conditions, or
contamination of water supplies that would be created by the subdivision.
PART III - COMMUNITY IMPACT REPORT
Provide a community impact report containing a statement of estimated number of people coming
into the area as a result of the subdivision, anticipated needs of the proposed subdivision for public
facilities and services, the increased capital and operating cost to each affected unit of local
government. Provide responses to each of the following questions and provide reference materials
as required.
1. Education and Busing
81 — Appendix B — Environmental Assessment
A. Describe the available educational facilities that would serve this subdivision.
B. Estimate the number of school children that will be added by the proposed subdivision.
Provide a statement from the administrator of the affected school system indicating
whether the increased enrollment can be accommodated by the present personnel and
facilities and by the existing school bus system. If not, estimate the increased expenditures
that would be necessary to do so.
2. Roads and Maintenance
A. Estimate how much daily traffic the subdivision, when fully occupied, will generate on
existing streets and arterials.
B. Describe the capability of existing and proposed roads to safely accommodate this
increased traffic.
C. Describe increased maintenance problems and increased cost due to this increase in
volume.
D. Describe proposed new public or private access roads including:
i. Measures for disposing of storm run-off from streets and roads.
ii. Type of road surface and provisions to be made for dust.
iii. Facilities for streams or drainage crossing (e.g. culverts, bridges).
iv. Seeding of disturbed areas.
E. Describe the closing or modification of any existing roads.
F. Explain why road access was not provided within the subdivision, if access to any
individual lot is directly from arterial streets or roads.
G. 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 subdivision? Identify the
owners of any private property over which access to the subdivision will be provided.
H. Estimate the cost and completion date of the system, and indicate who will pay the cost of
installation, maintenance and snow removal.
3. Water, Sewage, and Solid Waste Facilities
A. Briefly describe the water supply and sewage treatment systems to be used in serving the
proposed subdivision, e.g. methods, capacities, locations.
B. Provide information on estimated cost of the system, who will bear the costs, and how the
system will be financed.
C. Where hook-up to an existing system is proposed, describe estimated impacts on the
existing system, and show evidence that permission has been granted to hook up to the
existing system.
D. All water supply and sewage treatment plans and specifications will be reviewed and
approved by the Department of Environmental Quality (DEQ) and should be submitted
using the appropriate DEQ application form.
E. Describe the proposed method of collecting and disposing of solid waste from the
development.
F. If use of an existing collection system or disposal facility is proposed indicate the name
and location of the facility.
4. Fire and Police Protection
A. Describe the fire and police protection services available to the residents of the proposed
subdivision including number of personnel and number of vehicles or type of facilities for:
82 — Appendix B — Environmental Assessment
i. Fire protection -- is the proposed subdivision in an existing fire district? If not, will
one be formed or extended? Describe what fire protection procedures are planned?
ii. Law Enforcement protection —is the proposed subdivision within the jurisdiction of
a County Sheriff or municipal policy department
B. Can the fire and police protection service needs of the proposed subdivision be met by
present personnel and facilities? If not, describe the additional expenses that would be
necessary to make these services adequate, and who would pay the costs?
5. Parks and Recreation Facilities
A. Describe park and recreation facilities to be provided within the proposed subdivision and
other recreational facilities that will serve the subdivision.
B. List other parks and recreation facilities or sites in the area and their approximate distance
from the site.
C. If cash -in -lieu of parkland is proposed, state the purchase price per acre or current market
value (values stated must be no more than 12 months old).
6. Payment for Extension of Capital Facilities
A. Indicate how the subdivider will pay for the cost of extending capital facilities resulting
from expected impacts directly attributable to the subdivision.
83 — Appendix C — Final Engineering Plans Submittal
APPENDIX C
FINAL ENGINEERING PLANS SUBMITTAL
L CONTENTS OF THE FINAL ENGINEERING AND R/W IMPROVEMENTS PLAN
A. Prior to submitting a final plat application the applicant shall submit the following
in accordance with the conditions of the approved preliminary plat:
Three complete sets of final engineering plans for all proposed public
infrastructure listed below:
a. Street Improvements, including roadway, curb and gutter,
boulevard, sidewalk, pedestrian trail and all improvements
associated with and immediately adjacent to the right-of-way.
b. Water System Improvements, including all pipes, valves, fittings,
hydrants and all components associated with the water system.
C. Sanitary Sewer System Improvements, including all pipe, valves,
fittings, lift station(s) and all components associated with the sewer
system.
d. Storm Water System Improvements, including all pipe, inlets,
cleanouts, manholes, detention basins, retention basins, water
quality treatment facilities and all components associated with the
storm water system.
e. Street Light Plan, including the location of all pedestals, lights,
boxes and all components associated with the street light plan.
2. Three copies of the Overall Municipal Utility Plan showing all components
of individual utilities on a single sheet. The plan shall be of sufficient size to
clearly show all municipal utilities, and shall be no smaller than D-size (26"
X 24"), unless allowed the City engineer.
3. Boulevard landscape plan.
4. Parks and open space plan if required.
5. In addition, any conditions of preliminary plat approval which involve
construction in the public R/W or which modifies any public infrastructure
or public utility work must be integrated into the submittal package.
6. Engineering plans submitted for review and approval shall meet the
standards and specifications provided in the current editions of the
following documents:
a. Montana Public Works Standards;
b. City of Kalispell Standards for Design and Construction;
(1) Any discrepancies between the Montana Public Works
Standard Specification and the City of Kalispell Standards
for Design and Construction shall be resolved in favor of the
City Of Kalispell Standards for Design and Construction.
C. Manual on Uniform Traffic control Devices;
84 — Appendix C — Final Engineering Plans Submittal
d. Montana Department of environmental Quality, circulars 11& 2;
e. City of Kalispell Subdivision regulations;
f. City of Kalispell Storm Water Management Plan;
g. City of Kalispell Water Facility Plan;
h. City of Kalispell Storm Water Facility Plan;
i. City of Kalispell Area Transportation Plan;
j. AASHTO Guide for the Development of Bicycle Facilities;
k. AASHTO guide for the Planning, Design and Operation of
Pedestrian Facilities;
1. U.S. soil conservation Service, National Engineering Handbook —
Hydrology;
M. ADA Standards for Accessible Design, U.S. Department of Justice.
7. Incomplete applications and the piecemealing of application materials will
not be accepted without previous approval from the Planning Director.
85 — Appendix D — Final Plat
APPENDIX D
FINAL PLAT
L CONTENTS OF THE FINAL PLAT:
A final plat may not be approved by the Council nor filed by the County Clerk and Recorder
unless it complies with the following requirements:
A. The final plat shall conform to the preliminary plat previously reviewed and approved
by the city council incorporating all conditions imposed by the council at the time of
preliminary plat approval.
B. Final 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 and shall
include a 1-1/2 inch margin on the binding side;
C. 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.
D. The final plat submitted for approval shall show or contain, on its face or on separate
sheets, referenced on the plat:
A title block indicating the quarter sections, section, township, range, principal
meridian and county of the subdivision. The title plat shall contain the words
"plat" and subdivision";
2. 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;
3. North point;
4. Scale bar (scale shall be sufficient to legibly represent the required data on the
plat submitted for filing);
5. All monuments found, set, reset, replaced or removed describing their kind,
size, location and giving other data relating thereto;
6. Witness monuments, basis for bearing, bearings and length of lines;
7. The bearings, distance 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;
8. Data on all curves sufficient to enable the re-establishment of the curves on
the ground. This data shall include:
a. Radius of curve;
b. Arc length;
86 — Appendix D — Final Plat
C. Notation of non -tangent curves.
9. 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;
10. The location of all section corners or legal subdivision corners of sections
pertinent to the subdivision boundary;
11. 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 marked "Not included in this Subdivision" or "Not included
in this Plat" as appropriate and the boundary completely indicated by bearings
and distances).
12. All easements, streets, alleys, avenues, roads and highways; their widths,
bearings, the width and purpose of all rights -of -way and the names of all
streets, roads, and highways;
13. The location, dimensions and areas of all parks, common areas and all other
grounds dedicated for public or common use. Where cash has been accepted
in lieu of land dedications, it shall be so stated on the final plat and the amount
of cash donated stated thereon;
14. Gross and net acreage of the subdivision;
15. A legal description of the perimeter boundary of the tract surveyed;
16. All monuments to be of record must be adequately described and clearly
identified on the plat. Where additional monuments are to be set subsequent
to the filing of the plat, the location of such additional monuments shall be
shown by a distinct symbol noted on the plat. All monuments or other
evidence found during re-tracements that would influence the positions of any
corner or boundary indicated on the plat must be clearly shown;
17. The signature and seal of the registered land surveyor responsible for the
survey. The affixing of his/her seal constitutes a certification by the surveyor
that the final plat has been prepared in conformance with the Montana Land
Use Planning Act and the regulations adopted pursuant thereto;
18. Memorandum of oaths administered pursuant to Montana statutes has been
filed with the County Clerk and Recorder;
19. House numbers (addresses) shall be assigned and shall be so indicated on each
lot.
87 — Appendix D — Final Plat
II. CERTIFICATIONS ON FINAL PLAT:
The following certifications shall appear on the face of the final plat:
A. Certification by the subdivider dedicating streets, parks or playground, or other public
improvements, or stating cash donations in lieu of dedication, when applicable;
B. Certification by the subdivider allowing usage of the easements for the purpose
designated on the plat;
C. Certification by the licensed land surveyor who prepared the final plat and related
documents;
D. Certification of examining land surveyor where applicable;
E. Certification by the City Council expressly accepting any dedicated land and
improvements. Acceptance of dedication shall be ineffective without such
certification;
F. Certification by the City Attorney;
G. Certification by the City Council that the final subdivision plat is approved, except
where the plat shows changes to a filed subdivision plat which are exempt from local
government review under the Montana Land Use Planning Act. Where an amended
plat qualifies for such a waiver the plat must contain a statement that pursuant to the
appropriate provisions under the Montana Land Use Planning Act., approval by the
local governing body is not required for relocation of common boundary lines or
aggregation of lots.
III. ATTACHMENTS ACCOMPANYING FINAL PLAT:
The following original documents shall be submitted (signed and notarized where
appropriate) when applicable, to the City as part of the final plat application process. Said
original documents must accompany the approved final plat when filed with the County Clerk
and Recorder:
A. A cover letter from the subdivider or his agent, listing each specific condition and
elaborating on how that condition was met.
B. Certification by a licensed title abstractor showing the names of the owners of record
of land to be subdivided and the names of any lien holders or claimants of record
against the land and the written consent to the subdivision by the owners of the land, if
other than the subdivider, and any lien holders or claimants of record against the land
(must not be over 90 days old at time of Kalispell Planning Department final plat
application acceptance).
C. Copies of any open space or common area management plan including copies of
articles of incorporation and by-laws for any property owners' association.
D. Certification by the Montana Department of Environmental Quality that it has
88 — Appendix D — Final Plat
approved the plans and specifications for sanitary facilities.
E. Certification by the subdivider indicating which required public improvements have
been installed and a copy of any subdivision improvements agreement securing the
future construction of any additional public improvements to be installed.
F. Copies of final plans, profiles, grades and specifications for improvements, including
a complete grading and drainage plan, with the certification of a registered
professional engineer that all required improvements which have been installed are in
conformance with the
attached plans.
G. Copy of the state highway permit when a new street or road access will intersect with
a state highway.
H. A certification from the County Treasurer's Office stating that all real property taxes
and special assessments assessed and levied on the land to be subdivided have been
paid.
I. A compact disc or other acceptable digital media shall be submitted containing an
electronic file of the plat.
89 — Appendix E — Sample Forms and Certifications
APPENDIX E
SAMPLE FORMS AND CERTIFICATIONS
I. IRREVOCABLE LETTER OF CREDIT:
Letter of Credit No.
Dated:
Expiration Date:
Amount:
Kalispell City Council
City of Kalispell
P.O. Box 1997
Kalispell MT 59901
We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount
of $ at the request of (Name of Subdivider).
If (Name of Subdivider) fails to complete the specified improvements in the(Name of
Subdivision) within the time period set forth in the attached Improvements Agreement, we
will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein,
as are required to complete said improvements. All drafts must indicate the number and
date of this letter of credit and be accompanied by a signed statement of an authorized
official that the amount is drawn to install improvements not installed in conformance with
the Improvements Agreement and specifying the default or defect in question.
All drafts must be presented prior to the expiration date stated above, and this letter of credit
must accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
(Name of Lending Institution)
(Signature and Title of Authorized Official)
90 — Appendix E — Sample Forms and Certifications
II. CERTIFICATE OF DEDICATION - FINAL PLAT:
(I) (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to
be surveyed, subdivided and platted into lots, blocks, streets and alleys, as shown by the plat
hereto annexed, the following described land in the City of Kalispell, Montana, to -wit:
(Exterior boundary description of area contained in plat and total acreage)
The above described tract of land is to be known and designated as (Name of Subdivision),
and the lands included in all streets, avenues, alleys, and parks or public squares shown on
said plat are hereby granted and donated to the use of the public forever.
Dated this day of , 20_
(Acknowledged and notarized signatures of
all record owners of platted property.)
III. CONSENT TO DEDICATION BY ENCUMBRANCES, IF ANY:
(I) (We), the undersigned encumbrancer(s), do hereby join in and consent to the annexed
plat and release (my) (our) respective liens, claims and encumbrances as to any portion of
said lands shown on such plat as being dedicated to the use of the public forever.
Dated this day of , 20_
(Acknowledged and notarized
signatures of all encumbrances of record.)
91 — Appendix E — Sample Forms and Certifications
IV. CERTIFICATE OF SURVEYOR - FINAL PLAT:
State of Montana )
ss.
County of )
I, (Name of Surveyor), a registered Land Surveyor do hereby certify that I have performed
the survey shown on the attached plat of (Name of Subdivision); that such survey was made
on (Date of Survey); that said survey is true and complete as shown and that the monuments
found and set are of the character and occupy the positions shown thereon.
Dated this day of , 20_
(Seal)
(Signature of Surveyor)
Registration No.
(Address)
V. CERTIFICATE OF FINAL PLAT APPROVAL - CITY:
The City Council of the City of Kalispell, Montana, does hereby certify that it has examined
this subdivision plat and, having found the same to conform to law, approves it, and hereby
accepts the dedication to public use of any and all lands shown on this plat as being
dedicated to such use, this day of , 20_at o'clock.
by (Signature of Ci . Clerk)
City Clerk
(Signature of Mayor)
Mayor
92 — Appendix E — Sample Forms and Certifications
VI. CERTIFICATE OF WAIVER OF PARK LAND DEDICATION AND
ACCEPTANCE OF CASH IN LIEU THEREOF:
I, (Name of Ci . Clerk), of Kalispell, Montana, do certify that the following order was made
by the City Council of Kalispell at a meeting thereof held on the day of ,
20—, and entered into the proceedings of said Body to -wit: "Inasmuch as the dedication of
park land within the platted area of (Name of Subdivision) is undesirable for the reasons set
forth in the minutes of this meeting, it is hereby ordered by the Kalispell City Council that
land dedication for park purposes be waived and that cash in lieu of park land, in the amount
of dollars ($ ), be accepted in accordance with the provisions of 76-25-
404, M.C.A."
In witness whereof, I have hereunto affixed the seal of The City of Kalispell, Montana this
day of , 20
(Seal)
(Signature of City Clerk)
VIL CERTIFICATE AUTHORIZING THE GOVERNING BODY TO WAIVE PARK
DEDICATION USING THE OVER FIVE ACRE EXEMPTION OF THE MONTANA
SUBDIVISION AND PLATTING ACT:
I (Name of Ci Clerk), City Clerk of Kalispell, Montana, do certify that the following order
was made by the Kalispell City Council at a meeting thereof held on the day of
, 20 _, and entered into the proceedings of said body to wit: "The park land dedication and
cash in lieu of land requirements do not apply as all lots in this subdivision exceed five (5)
acres in size in accordance with 76-25-404 M.C.A."
93 — Appendix E — Sample Forms and Certifications
VIII CERTIFICATE OF EXAMINING LAND SURVEYOR WHERE REQUIRED -
FINAL PLAT:
I, (Name of Examining Land Surve o), acting as an Examining Land Surveyor for (Cjjy or
Coln ), Montana, do hereby certify that I have examined the final plat of Lame of
Subdivision) and find that the survey data shown thereon meet the conditions set forth by or
pursuant to Title 76, Chapter 25, Part 4, M.C.A.
Dated this day of , 20
Seal of Examining Land Surveyor
(Signature
(Name of Surveyor)
Registration No.
(City or County)
IX. CERTIFICATE OF FILING BY CLERK AND RECORDER:
STATE OF MONTANA )
ss.
County of )
File for record this day of , 20 _, at o'clock.
(Signature of Clerk and Recorder)
County Clerk and Recorder
_ Montana
X. CERTIFICATE OF COUNTY TREASURER:
I hereby certify, pursuant to Section 76-25-410(1)(c),M.C.A., that no real property taxes and
special assessments assessed and levied on the land described below and encompassed by
the proposed (Name of Subdivision) are delinquent:
(legal description of land)
Dated this day of , 20
(seal)
(Signature of County Treasurer)
Treasurer
County,Montana
94 — Appendix E — Sample Forms and Certifications
XI. CERTIFICATE OF WAIVER OF PROTEST PARTICIPATION IN
SPECIAL IMPROVEMENT DISTRICT
Waiver of Protest
Participation in Special Improvement District
(Owner) hereby waives any and all right to protest which it
may have in regards to any attempt to be made by a local governmental entity, to initiate a
Special Improvement District which includes
Subdivision, shown on the plat therefore, for any of the purposes related to roads, water
facilities and systems, and sewer facilities and systems, set forth in Sections 7-12-2102
and 7-12-4102, M.C.A.; provided however that
understands that (he/she/it/they) retains the ability to object to the amount of assessment
imposed as a result of the formation of a Special Improvement District, including the right
to object on the basis that the property is not benefited by the Special Improvement
District. agrees that this covenant shall run to,
with and be binding on the title of the real property described above and shall be binding
on the heirs, assigns, successors in interest, purchasers, and any and all subsequent holders
or owners of the real property shown on the subdivision plat for
Subdivision.
XIL PRIVATE STREET NOTATION
The internal streets shown on the final plat are intended to be privately owned and
maintained and open to the public, including parking. Because of the limited use of the
street and the street's configuration, they are not suitable for all -season maintenance by
the public authority. The owners (and successors in interest) of the lots described in this
plat will provide for all -season maintenance of the private street by creation of a
corporation or association to administer and fund the maintenance. This dedication is
made with the express understanding that the private street(s) will never be maintained by
any government agency or public authority. It is understood and agreed that the value of
each described lot in this plat is enhanced by the private nature of said street. Thus, the
area encompassed by said private street will not be separately taxed or assessed by any
government agency or public authority.
95 — Appendix F — Subdivision Improvement Agreement
Return to:
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX F
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First
Part and hereinafter referred to as the CITY, and
(Name of Developer)
a
(Individual, Company or Corporation)
located at
(Street Address/P. O. Box) (City, County, State, Zip)
Parry of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
(Name of Subdivision)
located at
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of
, upon the conditions as set
forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all
improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer
wishes to bond for the completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of 125% of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit
B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
96 — Appendix F — Subdivision Improvement Agreement
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by
the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $
Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days
following the date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $
cost of completing the required improvements in
(Name of Subdivision)
the estimated
b. That if the Developer fails to complete the specified improvements within the required
period, the creditor will pay to the City immediately, and without further action, such
funds as are necessary to finance the completion of those improvements up to the limited
of credit stated in the letter;
2. That said required improvements shall be fully completed by , 20
3. That upon completion of the required improvements, the Developer shall cause to be filed
with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the
City for their construction and that the Developer warrants said improvements against
any and all defects for a period of two (2) years from the date of acceptance of the
completion of those improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
97 — Appendix F — Subdivision Improvement Agreement
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,
TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the
required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the
improvement or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
(Name of Subdivision/Developer/Firm)
by
(Title)
STATE OF MONTANA
COUNTY OF
On this day of , 20 , before me, a Notary Public for
the State of Montana, personally appeared , known to
me to be the of , whose
name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day
and year first above written.
Notary Public for the State of Montana
Printed Name
Residing at
My Commission Expires
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
98 — Appendix F — Subdivision Improvement Agreement
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction
completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
99 — Appendix F — Subdivision Improvement Agreement
Landscaping/
Boulevard trees
Other (
CHECK CONSTRUCTION .ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
SUBTOTAL
FEES
TOTALS COSTS
TOTAL COLLATERAL (TOTALS COSTS X 125%)