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2. Call for Public Hearing - Kalispell Subdivision Regulations UpdatesPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kaUspell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Subdivision Regulations Update MEETING DATE: October 3, 2011 BACKGROUND: The City of Kalispell is proposing text changes to the Kalispell Subdivision Regulations. The current subdivision regulations were adopted in 1996 and since that time have been amended in 2000, 2006 and 2008 primarily to address legislative changes to the state subdivision and platting act. The current subdivision regulations are also oriented towards more rural type development with accompanying design standards that are incongruent with the scale and types of subdivision development approved in the city within the last five years. The proposed draft subdivision regulations will make them current with state law and have incorporated design standards which better reflect the urban environment of the city. Beginning in late January of this year the planning board held a series of work sessions during the months of January, February, March and April to discuss and direct planning staff on recommended changes to the subdivision regulations. These changes were posted on the city's website with a marked -up (i.e. showing additions and deletions) version of the proposed regulations since the first January work session. In addition to posting the proposed regulations on the city's website the planning department notified 81 architects, builders, surveyors, developers, community groups, and others. The notification included a tentative work session schedule for the planning board indicating which chapters would be discussed at a particular work session. The notification also noted significant changes to the regulations proposed by the planning department and where the draft regulations could be found on the city's website. At the June 10 planning board work session, the board directed staff to hold an open house in July and to schedule a public hearing in August. Based on the planning board's direction, an open house was held on July 12 to answer any questions and receive comments. Invitations were sent out to the same group of 81 individuals and businesses which received the earlier mailing. One land use planner, an engineer and a citizen with general interest attended the open house to learn more about the changes. After the open house a subsequent public hearing notice was sent to the 81 individuals and businesses as well as the Daily Inter Lake to publish in the Sunday, July 24`h edition inviting them to the August 9 planning board public hearing. The Kalispell City Planning Board met on August 9, 2011, and held a public hearing to consider the update and revisions to the subdivision regulations as a whole. Kalispell Planning Department staff presented staff report #KSTA-11-01 providing details of the proposal and the evaluation. The proposal used the text developed through the work sessions with the planning board which occurred over a period of four months. Staff recommended the planning board adopt the findings of fact as proposed and recommend to the council that the updated subdivision regulations be adopted. At the August 9th meeting the planning board chair opened the public hearing for comments on the proposed subdivision regulations. No one spoke either for or against the proposed update and the public hearing was closed. Prior to the public hearing the planning department received a letter from Mr. Lee Griswold, Development Consultant, regarding the proposed language in section 3.08, Water Rights, in the subdivision regulations. Mr. Griswold requested some changes to clarify certain sections within the Water Rights section. Staff reviewed Mr. Griswold's comments and presented the planning board a revised water rights section. These revisions were meant to address Mr. Griswold's CK431[KJUT-1 The planning board discussed the proposed changes to the subdivision regulations. One of the board members requested staff to include, if possible, regulations under the Water Rights section regarding geothermal water rights. Staff stated they would contact the Department of Natural Resources and Conservation for comment on the updated water rights regulations and include regulations regarding geothermal water rights. Following discussion a motion was made and seconded to recommend approval of the updated subdivision regulations with the proposed amendments to section 3.08, Water Rights. The motion was then approved on a 6-0 vote. COMMENDATION: In accordance with state law, council should set a date for a public hearing on the proposed subdivision regulations. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: September 22, 2011 c: Theresa White, Kalispell City Clerk J�.owgton City Manager NOTICE IS HEREBY GIVEN, that on the 17th of October, 2011 at 7:00 o'clock p.m., in the Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, Montana, the City Council of the City of Kalispell shall hold a Public Hearing on proposed amendments to the Kalispell Subdivision Regulations. The Kalispell City Planning Board has considered the amendments, held a public hearing on August 9, 2011, and presented Staff Report #KSTA-11-01 to the Kalispell City Council recommending amendments to the Kalispell Subdivision Regulations. A copy of the proposed amendments can be viewed at the Planning Office or the City Clerk's office in City Hall at 201 First Avenue East, or on the city's website at www.kalispell.com under Mayor and City Council/Agenda. Written comments may be submitted to the City Clerk at the above noticed meeting, or prior to the meeting either by mail at P.O. Box 1997, Kalispell, MT 59903, by email at cit c� lerk(a'kalispell.com or in person at City Hall, 201 First Avenue East. For further information contact the Planning Department at (406) 758-7940. Theresa White City Clerk Publish: October 5, 2011 October 12, 2011 PLtANNING FOP, THE FUTURE September 27, 2011 Jane Howington, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell Subdivision Regulations Ordinance Update Dear Jane: Planning Department 201 Vt Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag: (406) 758-7739 www.kalispell.com/planning The Kalispell City Planning Board met on August 9, 2011, and held a public hearing to consider a request from the City of Kalispell to update and revise the subdivision regulations as a whole. The amendment can best be characterized as a significant update of the ordinance which was last updated in its entirety in 1996. Kalispell Planning Department staff presented staff report #KSTA-11-01 providing details of the proposal and the evaluation. The proposed changes to the regulations were developed through work sessions with the planning board which occurred over a period of four months. Staff recommended the board adopt the findings of fact as proposed and recommend to the council that the updated subdivision regulations be adopted. Following staffs presentation and general discussion by the planning board the chairman opened the public hearing. No one spoke either for or against the proposed changes and the public hearing was closed. Prior to the public hearing the planning department received a letter from Mr. Lee Griswold, Development Consultant, regarding the proposed language in section 3.08, Water Rights, in the subdivision regulations. Mr. Griswold requested some changes to clarify certain sections within the Water Rights section. Staff reviewed Mr. Griswold's comments and presented the planning board a revised water rights section. These revisions were meant to address Mr. Griswold's concerns. The planning board discussed the proposed changes to the subdivision regulations. One of the board members requested staff include, if possible, regulations under the Water Rights section regarding geothermal water rights. Staff stated they would contact the Department of Natural Resources and Conservation for comment on the updated water rights regulations and include regulations regarding geothermal water rights. Following discussion a motion was made and seconded to recommend approval of the updated subdivision regulations with the proposed amendments to section 3.08, Water Rights. The motion was then approved on a 6-0 vote. Please schedule this matter for the appropriate city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board `'' John Hinchey President Attachments: Staff report #KSTA-11-01 and application materials Minutes of the 8/9/11 planning board meeting Draft subdivision regulations dated September 22, 2011 with markup changes Draft subdivision regulations dated September 22, 2011 clean copy c w/ Att: Theresa White, Kalispell City Clerk CITI OF AUGUST 2, KALISPELL PLANNING DEPARTMENT This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Subdivision Regulations to update and revise provisions throughout the ordinance. A public hearing has been scheduled before the Planning Board for August 9, 2011, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action The City of Kalispell is proposing text changes to the Kalispell Subdivision Regulations. The current subdivision regulations were adopted in 1996 and since that time have been amended in 2000, 2006 and 2008 primarily to address legislative changes to the state subdivision and platting act. The current subdivision regulations are also oriented towards more rural type development with accompanying design standards that are incongruent with the scale and types of subdivision development approved in the city within the last five years. The proposed draft subdivision regulations have been amended to be current with state law and have incorporated design standards which better reflect the urban environment of the city. The proposed amendments have focused primarily on a "re -write" of chapter 3, Design Standards, to make them reflect development standards placed on other development projects through the planned unit development process during the last several years. Other chapters of the regulations have been amended to make them current with state law. The subdivision regulations update also includes the review and approval process for engineering plans. Although this is not a new requirement, section 2.09(E) provides the developer and project engineer with the process of how the engineering plans will be reviewed and approved. In addition to this review and approval process a new appendix, Appendix C, detailing the submittal requirements of the engineering plans is proposed. a In late January the planning department notified 81 architects, builders, surveyors, developers, community groups, and others. The notification included a tentative work session schedule for the planning board indicating which chapters would be discussed at a particular work session. The notification also noted significant changes to the regulations proposed by the planning department and where the draft regulations could be found on the city's website. The planning board held a series of work sessions during the months of January, February, March and April to discuss and direct planning staff on recommended changes to the subdivision regulations. These changes were posted on the city's Page 1 of 11 website with a marked -up (i.e. showing additions and deletions) version of the proposed regulations since January. At the June 14th planning board work session, the board directed staff to hold an open house in July and to schedule a public hearing in August. Based on the planning board's direction, an open house was held on July 12 to answer any questions and receive comments. Invitations were sent out to the same group of 81 individuals and businesses which received the earlier mailing. One land use planner, an engineer and a citizen with general interest attended the open house to learn more about the changes. After the open house a subsequent public hearing notice was sent to the 81 individuals and businesses as well as the Daily Interlake to publish in the Sunday, July 24th edition inviting them to the August 9 planning board public hearing. The Kalispell Subdivision Regulations, section 7.05, provides an amendment process for the regulations. The amendment process includes a public hearing at the city council after publishing a notice advertising the public hearing in a newspaper of general circulation in the city not less than 15 days nor more than 30 days prior to the date of the hearing. In addition, the proposed amendments to the subdivision regulations will have a public hearing at the planning board. A. Petitioners City of Kalispell P.O. Box 1997 Kalispell, MT 59903 (406) 758-7703 B. Area Effected by the Proposed Changes: Any property within the City of Kalispell requesting a subdivision or that is requesting annexation in conjunction with a subdivision may be affected by the proposed changes. C. Proposed Amendments: The planning department is recommending a series of amendments throughout the subdivision regulations. These amendments are based on legislative changes to the subdivision and platting act, public input, planning board work sessions and subdivision conditions placed on residential and commercial developments over the last five years. The specific changes are included in the attached draft, which is hereby incorporated by reference. The draft is a "marked -up" version, which includes underlined text (for new language or indicating where sections were moved to) and strike -outs (for deleted language or indicating where sections were moved from). Please note that, while the marked -up version includes the substantive changes which were made, it does not include final editing (e.g. typos, realignment, etc) because the resulting marks tended to be more confusing. Below is a brief synopsis of the major changes in the regulations chapter by chapter. Page 2 of 11 Minor clerical changes to Montana Code Annotated (MCA) citations found within this chapter. Chapter 2 - Application Procedure ® Consolidate submittal requirements for a pre -application conference into one worksheet to be used by planning staff and the developer or consultant. ® Amending review periods for subdivisions with 50 or more lots to an 80 working day review time instead of the current 60 working day review time in accordance with state law. ® Amending preliminary plat approval timelines and increasing the potential extensions for preliminary plats as allowed by a new state law. ® Establishing an engineering review and approval process prior to submitting a final plat application. Chapter 3 - Design Standards ® Create a standard minimum setback to wetlands, streams and rivers ® Address the transfer of water rights to the city ® Establish acceptable forms of highway sound mitigation for residential development ® Require a geotechnical review with the preliminary plat application unless waived ® Update the streets section including requiring connectivity, street calming measures and new street design standards which will accommodate in -fill development. ® Require design standards for subdivisions abutting minor arterial or collector streets ® Redefine land deemed acceptable for parkland. Chapter 4 - Manufactured Home Parks, Recreation Vehicle Parks and Campgrounds No major changes are recommended for this chapter. Chapter 5 - Condominiums This chapter is recommended for deletion because it is no longer applicable to lands within the city limits. Montana Code Annotated, section 76-3-203, exempts lots within incorporated cities from requiring condominiums to go through the subdivision process when zoning regulations are in effect. Chapter 6 - Monumentation No major changes are recommended for this chapter. Chapter 7 - Administration Planning staff is recommending those persons charged with violating state subdivision law or these subdivision regulations be charged with a civil infraction and prosecuted under the provisions of Chapter 1, Article 2 of the Kalispell City Code. Chapter S - Subdivision Improvements Guarantee Page 3 of 11 ® Require at least 2/3 of the required improvements be installed prior to requesting a subdivision improvement agreement. • Identify what cannot be bonded for in the subdivision improvement agreement (i.e. water lines, sewer lines, fire hydrants, lift stations). ® Permit the city manager to extend the subdivision improvement agreement in additional 12 month increments provided certain criteria are met. ® Remove property escrow as an acceptable form of improvement guarantee. Chapter 9 - Definitions ® Remove definitions for: Condominium Defensible space Modular home Redefine: Manufacture home with same definition found in the zoning ordinance Major and minor subdivisions in accordance with state law New definitions: Natural vegetative buffer Pond Slough Chapter 1 - Evasion Criteria for Land Exempt from Subdivision Review No major changes are recommended for this chapter. Please note that this chapter has been moved to replace chapter 5, Condominiums, which has been recommended for deletion. Appendix A - Preliminary plat No major changes are recommended for this appendix. Appendix B - Environmental Assessment No major changes are recommended for this appendix. Appendix C - Final Plat (Shown as appendix D under the draft regulations) No major changes are recommended for this appendix. Please note that this appendix will change to appendix D. The new appendix C will include a list of the submittal materials required for a final engineering review. New Appendix C - Final Engineering Submittal This is a new appendix and details the submittal requirements for final engineering plans required under section 2.09(E) of the subdivision regulations. Appendix D - Sample Forms and Certificates (Shown as appendix E under the draft regulations) A new private street notation is provided under this appendix to address future private streets within the city. No other major changes are recommended in this appendix. Page 4 of 11 Appendix E - Subdivision Improvement Agreement (Shown as appendix F under the draft regulations) No major changes are recommended in this appendix. Appendix F - Guidelines for obtaining 100-year flood elevations in approximate zone A or unmapped areas This appendix is recommended for deletion. There are already city flood plain regulations governing how to obtain a 100-year flood elevation in approximate zone A or unmapped areas. Appendix G - Defensible Space Standards This appendix is recommended for deletion. The areas that are within the city or within the growth policy boundary area generally do not exhibit high fire hazard characteristics. Furthermore, development in the city will include adequate streets and fire hydrants to provide the fire department with access and water to suppress fires. Appendix H - Waiver of Environmental Assessment This appendix is recommended for deletion. The waiver for environmental assessments is already detailed in Appendix A, Part II.C. D. SubdivisionEvaluation: The entire subdivision regulations have been reviewed and recommended amendments are proposed throughout the document, major amendments and new development standards are concentrated in chapter 3, Design Standards. To provide the planning board and city council with background evidence for the major amendments within chapter 3 planning staff has reviewed the amendments in accordance with section 1.03 of the Kalispell Subdivision Regulations, which provides the overall purpose of the regulations, and the Kalispell Growth Policy. The major amendments reviewed in this section are as follows: 1. Create a standard minimum setback to wetlands, streams and rivers 2. Address the transfer of water rights to the city 3. Establish acceptable forms of highway sound mitigation for residential development 4. Require a geotechnical review with the preliminary plat application unless waived 5. Update the streets section including requiring connectivity, street calming measures and new street design standards which will accommodate in -fill development. 6. Require design standards for subdivisions abutting minor arterial or collector streets 7. Redefine land deemed acceptable for parkland. Page 5 of 11 A proposed amendment to the subdivision regulations, sections 3.06 and 3.07, would require mandatory minimum setbacks to wetlands, ponds, sloughs and watercourses (creeks, streams, rivers). These sections are intended to provide for protection of the environment and wildlife habitat that live in the water or utilize the stream banks and adjacent lands for food and shelter. Uses permitted within the setback are listed and generally include storm water facilities, parks and public infrastructure (e.g. streets, utilities, sidewalks and trails). The proposed amendments regarding setback and development limitation around wetlands, ponds, sloughs and watercourses is consistent with the following purpose of the subdivision regulations and the goals and policies in chapter 7, The Natural Environment, in the Kalispell Growth Policy: Kalispell Subdivision Regulations Chapter 1- General Provisions, section 1.03 (Purpose) 9. The avoidance of subdivision which would involve unnecessary environmental degradation Kalispell Growth Policy, Chapter 7 - The Natural Environment Goals: 1. DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY UNDISTURBED STATE. 2. HIGH LEVELS OF AIR QUALITY AND WATER QUALITY SHOULD BE MAINTAINED THROUGH DESIGN STANDARDS. 3. DEVELOPMENT SHOULD BE COMPATIBLE WITH IMPORTANT WILDLIFE HABITAT AND TRAVEL CORRIDORS AS IDENTIFIED IN APPENDIX A. 4. PROTECT THE HEALTH AND INTEGRITY OF THE NATURAL ENVIRONMENT BECAUSE OF ITS IMPORTANCE IN MAINTAINING A COMPETITIVE ADVANTAGE WITH OTHER REGIONS. 6. PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING HABITAT. Policies: 1. Environmental impacts attributable to new development should be identified and mitigated, where necessary. 2. Development in environmentally sensitive areas including 100-year floodplain, wetlands, riparian areas, shallow aquifers and on steep slopes may pose Page 6 of 11 inherent development limitations and design should be managed to avoid and mitigate environmental impacts and natural hazards. 3. Development should be designed to avoid the loss and minimize impacts to environmentally sensitive areas including the 100 year floodplain, wetlands, riparian areas and shallow aquifers. r=MOE This section requires new subdivisions to transfer all surface and sub -surface water rights to the City of Kalispell as the responsible entity for providing water to the future residents/users of the subdivision. The Subdivision and Platting Act in Montana Code Annotated, section 76-3-504 allows cities to request the transfer of water rights within the city's subdivision regulations. Securing water rights will insure future water resources are available to the new residents in the subdivision. The requirement to transfer water rights in conjunction with a subdivision is consistent with the following purpose as stated in the subdivision regulations: Kalispell Subdivision Regulations Chapter 1- General Provisions, section 1.03 (Purpose) 7. The provision of adequate transportation, water, drainage and sanitary facilities 3. Establish acceptable forms of highway sounds mitigation for residential development (Section 3.09): This section of the regulations requires a residentially zoned (R or RA zone) subdivision which abuts an existing or planned major arterial road capable of generating noise in excess of 60 dBA to incorporate mitigation techniques for the projected noise impacts on the future residences. The mitigation techniques may include subdivision design, distance separation, buffers, earth berms or fences and walls under 6 1/2 feet high. Sound walls would be prohibited under this section. This section has been added due to subdivision development along the new Highway 93 alternate route and the future noise impacts this will have an adjacent residential properties. Noise, in excess of 60 dBA, has the potential to negatively impact those living next to a major arterial street or highway. The proposed sound mitigation requirement for residential development is consistent with the purpose of the subdivision regulations which promote the public health and general welfare. In insuring mitigation for residential development adjacent to a noisy street or highway, one of the primary reasons for the adoption and implementation of the subdivision regulations will have been met. 4. Require a geotechnical review with the preliminary plat application unless waived (Section 3.10): This amendment would require a geotechnical review for all major subdivisions unless waived. The geotechnical review would describe any issues with future development Page 7 of 11 on steep slopes or fill material in a proposed subdivision and provide design recommendations, if necessary. The recommendations may include building foundations and driveway designs which may need additional structural support or alternative design to avoid structural failures or other site development issues in the future. Kalispell Subdivision Regulations Chapter 1- General Provisions, section 1.03 (Purpose) 10. The avoidance of danger or injury by reason of natural hazard or the lack of water, drainage, access, transportation or other public services; Kalispell Growth Policy, Chapter 2- Growth Management Policy: 6. Design and locate development to protect public health and safety; insure adequate provision of services; be compatible with the character of its surroundings and encourage the most appropriate use of land. Update5. an including requiring connectivity, calming measures and new street design standards which will accommodate in -fill development (Sections 3.13 and 3.14): The current street design standards require public or private streets to provide a 60- foot right-of-way in which to construct a street, boulevard, curb and gutter and sidewalks. This design can be accommodated in large subdivisions where acres of land are available. It is extremely difficult to provide this type of street access in older parts of the city where new development can occur but there is not sufficient room to accommodate for this type of infrastructure. The intent of the new street design standards is to take into account development that may occur on smaller lots within the city or fringe of the city where surrounding lands have already been subdivided. The connectivity and street calming requirements are based on the adopted Kalispell Area Transportation Plan update of 2006. Under the executive summary of the plan it states: In newly developing areas, plan for a "grid" transportation system wherever possible. Cul-de-sacs are increasingly being eliminated in current planning because they deter connectivity in the transportation system and force unbalanced travel characteristics in many neighborhoods. The street connectivity requirement plans for an improved "grid" transportation system. An improved street system will help alleviate future impacts on one or several streets in a particular area. The purpose of including traffic calming techniques is to change the physical environment of the street to reduce the negative effects of motor vehicle use (e.g. higher speeds), alter driver behavior and improve conditions for pedestrians and other non -motorized street users. Page 8 of 11 The proposed amendments are consistent with the following purpose of the subdivision regulations and the goals and policies in the Kalispell Growth Policy: Kalispell Subdivision Regulations Chapter 1- General Provisions, section 1.03 (Purpose) 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; 8. The avoidance or minimization of congestion; Kalispell Growth Policy, Chapter 8 - Urban Design, Historic and Cultural Conservation 6. Encourage the design of urban streets to provide for convenient circulation, safe pedestrian access and avoid excess road width that encourages speeding and makes pedestrian crossing difficult. Kalispell Growth Policy, Chapter 10- Transportation 8. MAINTAIN THE INTEGRITY OF RESIDENTIAL AREAS BY AVOIDING THE INTRODUCTION OF NON -LOCAL TRAFFIC. Pal l ri P.R' Design transportation systems to minimize congestion, encourage commerce and protect the safety and quality of life in the community. 4. Discourage routing heavy traffic and through -traffic in residential areas by creating a more thorough grid system when possible. minor6. Require design standards for subdivisions abutting collectorstreets(Section This section lists those current or future streets that are either minor arterial or collector streets or someday will be and provides a set of design standards for the development of a residential subdivision next to such a street. The streets listed in this section of the regulations were obtained from the Kalispell Transportation Plan 2006 update. Page 9 of 11 The design standards would protect the functional aspects of the streets listed and the neighboring subdivision's residents from negative impacts associated with a busier street. The design standards include lot orientation to the street, setbacks and landscape buffers. The proposed amendments are consistent with the following purpose of the subdivision regulations and the goals and policies in the Kalispell Growth Policy: Kalispell Subdivision Regulations Chapter 1- General Provisions, section 1.03 (Purpose) e Promote the public safety and general welfare; 1. The orderly development of the jurisdictional area; Kalispell Growth Policy, Chapter 10 - Transportation Goal: 1. PROVIDE A COMPREHENSIVE TRAFFIC CIRCULATION SYSTEM THAT SERVES THE COMBINED NEEDS OF THE COMMUNITY AND THE REGION, AND THAT PROVIDES SAFE, CONVENIENT AND ECONOMICAL ACCESS TO ALL TRANSPORTATION FACILITIES THROUGHOUT THE AREA. Poliries' 5. Utilize and reserve arterial and collector roads to carry through -traffic. 6. Provide access to individual lots by way of local streets to the maximum extent feasible and avoid granting individual access on to collectors and arterials. This amendment redefines what is acceptable for parkland dedication. Recommended changes to the parkland criteria include the following: ® Changes to the average cross slope acceptable for parkland ® Permitting no more than five percent of the parkland to have more than a 25% slope Permitting portions of the parkland to Permitting portions of the parkland to be within the 100-year floodplain be within the watercourse setback area The amendments would permit land within the 100-year floodplain and areas close to wetlands, ponds, rivers and streams to be counted towards the developments parkland requirement. By placing these sensitive lands in parkland they are protected against the intrusion of more intense development. The sensitive lands are also placed in a long term management/maintenance program, either through the city or a homeowners association, which would avoid impacts to the floodplain, wetlands or watercourse. Page 10 of 11 The proposed amendments are consistent with the following purpose of the subdivision regulations and the goals and policy in the Kalispell Growth Policy: Kalispell Subdivision Regulations Chapter I- General Provisions, section 1.03 (Purpose) 5. The provision of open spaces for travel, light, air and recreation; Kalispell Growth Policy, Chapter 7 - The Natural Environment Goals: 2. DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY UNDISTURBED STATE. 6. PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING HABITAT. Policy: 6. Filling of wetlands and the 100 year floodplain should be avoided. •- .. .. -- Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KSTA- 11 - 1 and recommend to the Kalispell City Council that the proposed subdivision regulations be adopted as provided herein. Page 11 of 11 General Provisions - Page 1 CHAPTER 1 - GENERAL PROVISIONS 1.01 TITLE: These Regulations shall be known as the "Subdivision Regulations of the City of Kalispell, Montana". 1.02 AUTHORITY: Authorization for these Regulations is contained in the "Montana Subdivision and Platting Act" (Title 76, Chapter 3, Montana Codes Annotated) . 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 General Provisions - Page 2 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; 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. 1.04 APPLICABILITY: These Regulations shall apply to all land developments which are described as subdivisions under 76-3-103( 15) 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; Administration - Page 3 4. Recreational vehicle campgrounds; 5. Townhouse developments; 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. 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. Administration - Page 4 CHAPTER 2 - APPLICATION PROCEDURE 2.01 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. 2.02 PRE -APPLICATION CONFERENCE: Prior to submittal of a subdivision application, the subdivider shall request a pre -application meeting with the Kalispell Planning Department. A. The re -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. Administration - Page 5 .. .. . - . ... - .� Pr. eer:�Ee:*ss b propored public improvements; i.fYi.Yi.Yi�i. i.�.1... iirti rl..0 ii itiY�ii W i.is..•ri�id a..i.J i..yi.iil 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 The r„i-.diyisio administrator- shall 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 subdivision administrate planning staff or the planning board contacts a public utility, agency, or other entity that was not included on the original list, the subdivision administrate planning staff shall notify the subdivider or subdivider's agent of the contact and the timeframe for response; and 3 The subdivision administrator- shag identify particular additional information the subdivision administrate planning staff anticipates will be required for review of the subdivision application pursuant to Section 2.02. This does not limit the Administration - Page 6 ability of the planning staff to request additional information at a later time. 4. Determine if an environmental assessment as provided for in Appendix B is require or if parts or all the assessment are to be waived. C. Unless the subdivider submits the subdivision application as provided in Section 2.02 of these regulations within 90 days of the pre -application meeting, the subdivider must request a second pre -application meeting prior to submitting the application. 2.03 APPLICATION AND REVIEW PROCESS: The subdivision application and review process is comprised of the following two phases in accordance to Title 76, Chapter 3, M.C.A.: A. Preliminary plat. B. Final plat. 2.04 REVIEW OF SUBDIVISION APPLICATION - For both major and minor subdivisions the review process is as follows: Element Review: A. Within five (5) working days of receipt of a subdivision application, the Planning Department shall determine whether the application contains all of the materials required by Section 2.02, Pre -Application Meeting, and by Appendix A (Contents of the Preliminary Plat), or Appendix B (Environmental Assessment), of these regulations, as applicable, and shall notify the subdivider, or the subdivider's agent if authorized by the subdivider in writing to receive such notification, of the Planning Department's determination. 1. If the Planning Department determines that elements are missing from the application, the Planning Department shall identify those elements in the notification and no further action shall be taken on the application until the missing elements are submitted. Administration - Page 7 2. The subdivider may correct the deficiencies and resubmit the application. 3. If the subdivider corrects the deficiencies and resubmits the application, the Planning Department shall have five (5) working days to notify the subdivider or the subdivider's agent whether the application contains all the materials required by Section 2.02 and by Appendix A or Appendix B of these regulations, as applicable. 4. This process shall be repeated until the subdivider submits an application containing all the materials required by Section 2.02 and by Appendix A or Appendix B of these regulations, as applicable, or the application is withdrawn. Sufficiency Review: B. Within fifteen (15) working days after the Planning Department notifies the subdivider or the subdivider's agent that the application contains all of the required elements as provided in subsection A, the Planning Department shall determine whether the required elements contain detailed, supporting information that is sufficient to allow for the review of the proposed subdivision under these regulations and shall give written notification to the subdivider of the subdivision of the Planning Department's determination. 1. If the Planning Department determines that the information in the application is not sufficient to allow for review of the proposed subdivision, the Planning Department shall identify the insufficient information in its notification and no further action shall be taken on the application until the material is resubmitted. 2. The subdivider may correct the deficiencies and resubmit the application or withdraw the application. 3. If the subdivider corrects the deficiencies and resubmits the application, the Planning Department shall have fifteen (15) working days to notify the subdivider or the subdivider's agent whether the resubmitted application and required elements contain detailed, supporting Administration - Page 8 information that is sufficient to allow for review of the proposed subdivision under these regulations. 4. This process shall be repeated until the subdivider submits an application that contains detailed, supporting information that is sufficient for review of the proposed subdivision under the provisions of these regulations, or the application is withdrawn. C. A determination that an application contains sufficient information for review as provided in this subsection does not ensure that the proposed subdivision will be approved or conditionally approved by the governing body and does not limit the ability of the Planning Department, Planning Board or City Council to request additional information during the review process. D. Once the Planning Department has determined that the application is sufficient, the Planning Department shall schedule a public hearing and publish notice of the time and place of the hearing E. The review period of sixty (60) working days or eighty 80) working days if the proposed subdivision contains 50 or more lots begins once the Planning Department has given notice of sufficiency to the subdivider or the subdivider's agent. Notification constitutes the date when the reviewing agent or agency has sent the notice to the subdivider. F. Within 60 working days or eighty 80) working days if the proposed subdivision contains 50 or more lots the governing body shall approve, conditionally approve or deny the proposed subdivision according to Section 2.056.D of these regulations, unless the subdivider and the subdivision administrator agree to an extension or suspension of the review period. G. Subdivision review and approval, conditional approval or denial shall be based on those regulations in effect at the time a subdivision application and preliminary plat is deemed to contain sufficient information for review. If regulations change during the element or sufficiency review, the determination of whether the application contains the required elements and sufficient information, and the subdivision review, shall be based on the new regulations. Administration - Page 9 2.05 PRELIMINARY PLAT: Subdivisions are grouped into three categories for review purposes. Each category is described and referenced below: A. Major Subdivision: A subdivision containing six (6) or more lots/spaces/units, as well as the second or successive minor subdivision where a cumulative total of six (6) or more lots/spaces/units is proposed from the original "tract of record" in existence on July 1, 1973. See Section 2.06. B. Minor Subdivision: A subdivision containing five (5) or fewer lots/spaces/units. And this plat and all previous minor plats proposed from the original "tract of record" in existence on July 1, 1973 do not exceed a total of five (5) lots/spaces/units. See Section 2.07. C. Minor Subdivision - Waiver of Preliminary Plat: A minor subdivision which, because of its minimal impacts, has the preliminary plat requirements waived. See Section 2.08. 2.06 PRELIMINARY PLAT PROCESS - MAJOR SUBDIVISION: A subdivision containing six (6) or more lots/spaces/units, as well as the second or successive minor subdivision where a cumulative total of six (6) or more lots/spaces/units is proposed from the original tract of land. A. APPLICATION: Complete applications must be received at least 30 days prior to the Planning Board meeting at which the plat will be presented. The subdivider shall submit the following to the Kalispell Planning Department: 1. Preliminary plat application (form available at Kalispell Planning Department). 2. Copies of the preliminary plat and one reproducible set of supplemental information (See Appendix A). Administration - Page 10 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. Additional information requested during the pre - application process. B. ACTION BY THE PLANNING STAFF: Upon receipt of the submitted documents, the Kalispell Planning Department shall review them to determine their completeness pursuant to section 2.04. If the submitted documents and information are found to be incomplete or insufficient, the applicant shall be notified of the deficiencies and informed that the application will not be formally accepted for processing until the missing items are submitted pursuant to section. Upon receipt of the complete application, the Kalispell Planning Department shall: 1. Distribute copies of the submitted application for review and comment to the appropriate departments, agencies and utility companies, as deemed necessary by the Planning Department; 2. Set a date for public hearing by the Kalispell City Planning Board. Applications must be received at least 30 days prior to the Planning Board meeting at which the plat will be presented. The notice of such hearing shall be published in a newspaper of general circulation in the City not less than 15 days prior to the date of the hearing, exclusive of the date of notice and the date of hearing. The subdivider and each property owner of record immediately adjoining the land included in the plat shall be notified of the hearing by registered or certified mail not less than 15 days prior to the date of the hearing, exclusive of the date of notice and the date of hearing; 3. Review the submitted plat and supplemental information to determine compliance with these Regulations and prepare its report which shall include comments received from other departments, agencies and utility companies, findings of fact concerning the public interest and recommendations; Administration - Page 11 4. Submit the application, staff report and associated agency and public comments to the Planning Board members and to the subdivider at least five (5) days prior to the meeting; 5. Present the application and staff report at the hearing. C. ACTION BY THE PLANNING BOARD: The Planning Board shall: 1. Review the application, Kalispell Planning Department staff report, comments from other departments and other supplemental information; 2. Hold public hearing(s) and receive public comments; 3. Prepare and adopt written findings of fact. Such findings of fact shall be based on the consideration of the following: a. Effects on agriculture and agricultural water user facilities; b. Effects on local services; C. Effects on the natural environment; d. Effects on wildlife and wildlife habitat; e. Effects on public health and safety; f. Conformance with the following: (1) These regulations; (2) The City of Kalispell Zoning Ordinance; (3) The Kalispell Growth Policy; (4) The Montana Subdivision and Platting Act. 4. Based on the above findings, make a recommendation to the Kalispell City Council to approve, conditionally approve or deny the preliminary plat. The Planning Administration - Page 12 Board, at its discretion, may not make a recommendation; a. A positive recommendation may incorporate reasonable conditions of mitigation to reasonably minimize potentially significant adverse impacts identified above; b. When requiring conditions of mitigation, the Board shall consult with the subdivider and shall give due weight and consideration to the expressed preference of the subdivider; C. A subdivision shall not be denied based solely on its impact on educational services. 5. Within 10 working days after the public hearing, the planning board shall submit the following in writing to the subdivider and the governing body: a. Recommended findings of fact based on the evidence in subsection 2.06.C.3 above that discuss and consider the subdivision's compliance with and impact on subsection 2.06.C.3(a-fl of these regulations; b. A recommendation for approval, conditional approval (including any recommended conditions and/or mitigation measures), or denial of the subdivision application and preliminary plat; C. A recommendation for approval or denial of any requested variances. (see Section 7.01); and d. A finding as to whether any public comments or documents presented for consideration at the planning board's public hearing constitute information or analysis of information that the public has not had a reasonable opportunity to examine and on which the public has not had a reasonable opportunity to comment. D. ACTION BY THE CITY COUNCIL: Upon receipt of the Planning Board recommendation, the City Administration - Page 13 Council shall: 1. Review the application, Planning Board recommendation, staff report, public comments, and other related information, and thereupon, shall adopt the written findings of fact as presented by the Planning Board or make and adopt new written findings of fact. Such findings shall be based on the following: a. Effects on agriculture and agricultural water user facilities; b. Effects on local services; C. Effects on the natural environment; d. Effects on wildlife and wildlife habitat; e. Effects on public health and safety; f. Conformance with the following: (1) These regulations; (2) The City of Kalispell Zoning Ordinance; (3) The Kalispell Growth Policy; (4) The Montana Subdivision and Platting Act. 2. Based on the above findings, the Council shall then approve, conditionally approve, or deny the preliminary plat within 60 working days or 80 working days if the proposed subdivision contains 50 or more lots of the Planning Department's notice of sufficiency to the subdivider or the subdivider's agent, unless the subdivider consents to an extension of the review period. A subdivision shall not be denied based solely on its impacts on educational services. 3. All comments and documents regarding the subdivision shall be submitted to the subdivision administrator, rather than to the City Council directly, to be forwarded to the City Council. Administration - Page 14 4. If new information or analysis of information, that has never been submitted as evidence or considered by the planning board, has been submitted to the City Council, the Council shall proceed as set forth in subsection (a) below. a. If the City Council determines that public comments or documents presented at the public hearing constitute new information or an analysis of information regarding the subdivision application that the public has not had a reasonable opportunity to examine and on which the public has not had a reasonable opportunity to comment, the City Council shall determine whether the public comments or documents are relevant and credible with regard to the governing body's decision, pursuant to subsections (c) and (d) below. b. If the City Council determines the information or analysis of information is either not relevant or not credible, then the shall approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information or analysis of information; or C. If the City Council determines the new information or analysis of information is relevant and credible, then the City Council shall direct the planning board to schedule a subsequent public hearing. d. The planning board shall consider only the new information or analysis of information that may have an impact on the findings and conclusions that the City Council will rely upon in making its decision on the proposed subdivision. S. New information or analysis of information is considered to be relevant if it may have an impact on the findings and conclusions that the City Council will rely upon in making its decision on the proposed subdivision. Administration - Page 15 6. New information or analysis of information is considered to be credible if it is based on one or more of the following: a. Physical facts or evidence; b. Corroborated personal observations; C. Evidence provided by a person with professional competency in the subject matter; or d. Scientific data. 7. If a subsequent public hearing is held pursuant to subsection D.4.c above, it must be held within 45 days of the City Council's determination request of a subsequent hearing. Only the new information or analysis of information shall be considered at the subsequent public hearing. a. Notice of the time, date and location of the subsequent hearing shall be given by publication in a newspaper of general circulation in the county not less than 15 days prior to the date of the subsequent hearing. b. At least 15 days prior to the date of the subsequent hearing, notice of the subsequent hearing shall be given by certified mail to the subdivider and each adjoining landowner to the land included in the preliminary plat. C. The notice shall be posted at a conspicuous place on the site of the proposed subdivision. 1. If a subsequent public hearing is held, the 60 working day review periods per section 2.04.13 will be suspended as of the date of the City Council's decision to schedule a subsequent hearing. The 60-working day or 80 workin day_ review period resumes on the date of the City Council's next scheduled public meeting for which proper notice for the public meeting on the subdivision application can be provided. Administration - Page 16 E. CITY COUNCIL APPROVAL: 1. Upon approving the preliminary plat, the Council shall provide the subdivider with one copy of a dated and signed statement of approval along with one signed copy of the plat. A signed approval statement and a signed copy of the plat shall be returned to the Kalispell Planning Department and the third signed copy of the preliminary plat shall be retained in the file in the City Manager's office; 2. A positive recommendation may incorporate reasonable conditions of mitigation to reasonably minimize potentially significant adverse impacts identified above; 3. If conditions are placed on the preliminary plat, the reason for imposition of the condition(s), evidence justifying imposition of the condition(s) and information regarding the appeal process as provided for in Section 7.06 of these regulations shall also be provided in writing to the subdivider. 4. When requiring conditions of mitigation, the Council shall consult with the subdivider and shall give due weight and consideration to the expressed preference of the subdivider; 5. 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. 6. 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. I W W" 11 1 Administration - Page 17 7. A preliminary plat shall be in force for three years. a. A preliminary plat or a phase of a phased preliminary plat approval may be extended by council for an additional two year period as follows: (1) The owner shall submit a written request for extension to the Planning Department 30 days prior to the expiration date. The reauest shall document the existence of an unusual hardship. b. If a final plat has not been filed at the end of the additional 2 year period, the owner may appeal to the citv council for one final extension not to exceed two vears as follows: (1 ) The owner shall submit a written request for a preliminary plat extension plan to the planning department 60 days prior to expiration of the last extension. The reauest shall document: i. The existence of an unusual hardshi ii. That a significant public good would be accomplished through the extension as opposed to a specific economic hardship related to the owner. iii. That there are no changes to the immediately abutting_properties that would be adversely affected by the approval process; and iv. Because of the labsed time since original approval, that the preliminary plat is not in conflict with recently_ changed policies or regulatory schemes adopted by the city that would be underminedbthfurther time extension. Administration - Page 18 8. After the preliminary plat is approved, the City Council may not impose any additional conditions as pre- requisite to final plat approval providing said approval is obtained within the original or extended approval period as provided in Subsection E(7) above; 9. 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 Council. Construction may be commenced upon approval of the preliminary plat subject to any required conditions of approval. Upon approval of the preliminary plat, the subdivider may proceed with the preparation and submission of the final plat for approval by the City Council. Prior to final plat approval, lots may not be sold - See Section 2.09. 10. The governing body 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. Note: If preliminary plat approved, proceed to Section 2.09, Final Plat Application. F. CITY COUNCIL DENIAL: 1. If the City Council denies the preliminary plat it shall forward one copy of the plat to the subdivider accompanied by a letter from the City Manager stating the reason for disapproval, evidence justifying the denial and information regarding the appeal process provided for in Section 7.06 of these regulations. A subdivision shall not be denied based solely on its impact on educational services. 2.07 PRELIMINARY PLAT PROCESS - MINOR SUBDIVISION A subdivision containing five (5) or fewer lots/spaces/units where all lots/spaces/units have proper access, and this plat and all previous minor plats from this tract of land do not exceed a total of five (5) lots/spaces/units shall be considered a minor subdivision. Administration - Page 19 A. APPLICATION: The subdivider shall submit the following to the Kalispell Planning Department: 1. Preliminary plat application form available at Kalispell Planning Department; 2. Copies of the preliminary plat and one reproducible set of supplemental information as provided for in 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. Additional information requested during the pre - application process. 6. Sufficient documentary evidence from the public records demonstrating that the subdivision will be the first minor subdivision from a tract of record. B. ACTION BY PLANNING STAFF: Upon receipt of the submitted documents, the Kalispell Planning Department shall review them to determine their completeness pursuant to section 2.04. If the submitted documents and information are found to be incomplete or insufficient, the applicant shall be notified of the deficiencies and informed that the application will not be formally accepted for processing until the missing items are submitted pursuant to section 2.04. Upon receipt of the complete application, the Kalispell Planning Department shall: 1. Distribute copies of the submitted application for review and comment to the appropriate departments, agencies and utilities companies, as deemed necessary by the Planning Department; 2. Review the submitted plat and supplemental information to determine compliance with these Regulations and prepare its report which shall include Administration - Page 20 comments received from other departments, agencies and utility companies, written findings of fact concerning the public interest and a recommendation; 3. Submit the application, staff report and associated agency and public comments to the City Council and to the subdivider at least five (5) days prior to the meeting; 4. Present the application and staff report at the City Council Meeting. C. ACTION BY CITY COUNCIL: 1. The Kalispell City Council shall review the application, staff report and other related information and, thereupon, shall prepare and adopt written findings of fact. Such findings shall be based on the following criteria: a. Effects on agriculture and agricultural water user facilities; b. Effects on local services; C. Effects on the natural environment; d. Effects on wildlife and wildlife habitat; e. Effects on public health and safety; f. Conformance with the following: (1) These regulations; (2) The City of Kalispell Zoning Ordinance; (3) The Kalispell Growth Policy; (4) The Montana Subdivision and Platting Act. 2. Based on the above findings, the Kalispell City Council shall then approve, conditionally approve or deny the preliminary plat application within 35 working days from the date a completed application was filed with the Kalispell Planning Department unless the subdivider consents to an extension of the review period in writing. Administration - Page 21 3. All comments and documents regarding the subdivision shall be submitted to the subdivision administrator, rather than to the City Council directly, to be forwarded to the City Council. 4. If new information or analysis of information, that has never been submitted as evidence or considered by the planning board, has been submitted to the City Council, the Council shall proceed as set forth in subsection (a) below. a. If the City Council determines that public comments or documents presented at the public hearing constitute new information or an analysis of information regarding the subdivision application that the public has not had a reasonable opportunity to examine and on which the public has not had a reasonable opportunity to comment, the City Council shall determine whether the public comments or documents are relevant and credible with regard to the governing body's decision, pursuant to subsections (c) and (d) below. b. If the City Council determines the information or analysis of information is either not relevant or not credible, then the shall approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information or analysis of information; or C. If the City Council determines the new information or analysis of information is relevant and credible, then the City Council shall direct the planning board to schedule a subsequent public hearing. d. The planning board shall consider only the new information or analysis of information that may have an impact on the findings and conclusions that the City Council will rely upon in making its decision on the proposed subdivision. S. New information or analysis of information is considered to be relevant if it may have an impact on Administration - Page 22 the findings and conclusions that the City Council will rely upon in making its decision on the proposed subdivision. 6. New information or analysis of information is considered to be credible if it is based on one or more of the following: a. Physical facts or evidence; b. Corroborated personal observations; C. Evidence provided by a person with professional competency in the subject matter; or d. Scientific data. 7. If a subsequent public hearing is held pursuant to subsection D.4.c above, it must be held within 45 days of the City Council's determination request of a subsequent hearing. Only the new information or analysis of information shall be considered at the subsequent public hearing. a. Notice of the time, date and location of the subsequent hearing shall be given by publication in a newspaper of general circulation in the county not less than 15 days prior to the date of the subsequent hearing. b. At least 15 days prior to the date of the subsequent hearing, notice of the subsequent hearing shall be given by certified mail to the subdivider and each adjoining landowner to the land included in the preliminary plat. C. The notice shall be posted at a conspicuous place on the site of the proposed subdivision. (1) If a subsequent public hearing is held, the 35-working day review period is suspended as of the date of the City Council's decision to schedule a subsequent hearing. The 35- working day review period resumes on the date of the City Council's next scheduled public meeting for which proper notice for the Administration - Page 23 public meeting on the subdivision application can be provided. D. CITY COUNCIL APPROVAL: 1. Upon approving the preliminary plat, the Council shall provide the subdivider with one copy of a dated and signed statement of approval along with one signed copy of the plat. A signed approval statement and a signed copy of the plat shall be returned to the Kalispell Planning Department, and the third signed copy of the preliminary plat shall be retained by the City; 2. A positive recommendation may incorporate reasonable conditions of mitigation to reasonably minimize potentially significant adverse impacts identified above; 3. If conditions are placed on the preliminary plat, the reason for imposition of the condition(s), evidence justifying imposition of the condition(s) and information regarding the appeal process as provided for in Section 7.06 of these regulations shall also be provided in writing to the subdivider. 4. When requiring conditions of mitigation, the Council shall consult with the subdivider and shall give due weight and consideration to the expressed preference of the subdivider; 5. 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. 6. 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. Administration - Page 24 7. A preliminary plat shall be in force for three years. a. A preliminary plat or a phase of a phased preliminary plat approval may be extended by council for an additional two year period as follows: (1) The owner shall submit a written request for extension to the Planning Department 30 days prior to the expiration date. The request shall document the existence of an unusual hardship. b. If a final plat has not been filed at the end of the additional 2 year period, the owner mappeal to the citv council for one final extension not to exceed two vears as follows: (1 ) The owner shall submit a written request for a preliminary plat extension plan to the planning department 60 days prior to expiration of the last extension. The request shall document: i. The existence of an unusual hardship. ii. That a significant public good would be accomplished through the extension as opposed to a specific economic hardship related to the owner. iii. That there are no changes to the immediately abutting properties that would be adversely affected by the approval process; and iv. Because of the lapsed time since original approval, that the preliminary plat is not in conflict with recently changed policies or regulatory Administration - Page 25 schemes adopted by the city that would be undermined by the further time extension. 8. After the preliminary plat is approved, the City Council may not impose any additional conditions as prerequisite to final plat approval providing said approval is obtained within the original or extended approval period as provided above in Subsection D(7); 9. 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 Council. Construction may be commenced upon approval of the preliminary plat subject to any required conditions of approvals. Upon approval or conditional approval of the preliminary plat, the subdivider may proceed with the preparation and submission of the final plat for approval by the City Council. Prior to final plat approval, lots may not be sold. See Section 2.09. 10. The governing body 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. Note: If preliminary plat is approved, proceed to Section 2.09 - Final Plat Application. E. CITY COUNCIL DENIAL: 1. If the City Council denies the preliminary plat, it shall forward one copy of the plat to the subdivider accompanied by a letter from the City Manager stating the reason for disapproval, evidence justifying the denial, and information regarding the appeal process provided for in Section 7.06 of the regulations. A subdivision shall not be denied based solely on its impact on educational services. 2.08 PRELIMINARY PLAT PROCESS - MINOR SUBDIVISION PRELIMINARY PLAT WAIVER: Administration - Page 26 A. Based on information and discussion at the pre -application conference, the requirement for a preliminary plat may be waived by the Planning Director. The subdivider must request the waiver in writing and the Planning Director must determine: 1. The plat contains five (5) or fewer lots; 2. There is no public dedication of streets or public or private parkland; 3. All lots have legal and physical access conforming to these regulations; 4. Each lot has a suitable building site and there are no environmental hazards present; 5. Municipal sewer and water are adequate and in place; 6. The subdivision complies with these regulations and current zoning regulations; 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. B. When Preliminary Plat has been waived, the City Council shall adopt findings of fact for approval based on 1-7 above concurrent with final plat approval. Note: If the preliminary plat is waived, proceed to Section 2.09 - Final Plat Application. 2.09 FINAL PLAT PROCESS: A. PURPOSE: The purpose of the final plat is to review the proposed subdivision for proper final engineering and subdivision design, to provide for dedication of lands required for public use, for the construction of public improvements, and for conformance with the preliminary plat. The final plat shall incorporate all modifications required in its preliminary review. Administration - Page 27 B. PHASING OF FINAL PLAT SUBMITTALS: 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. 1. 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. 2. If the applicant proposes a phased subdivision, a phasing plan must be submitted which outlines: a. A plat delineating each phase and a general time frame for each phase, b. Public improvements phasing plan showing which improvements will be completed with each phase. 3. The preliminary plat of a phased subdivision shall have time limits: a. If a subdivision is part of an approved planned unit development (PUD) which contains a specific phasing plan complete with time lines, such phasing plan shall be binding. b. For all other subdivisions, upon final plat approval of the first phase, final plats for each successive phase must be filed within two years of the previous final plat approval. Failure to meet this time frame will cause the preliminary plat to void. 4. When phasing was not indicated in the preliminary plat approval, the applicant shall submit to the Kalispell Planning Department a phasing plan complying with B(1,2) above and Appendix A, Contents of Preliminary Plat -II(D) Phased Projects. Said phasing plan shall be approved by the Kalispell Planning Department (subject to appeal to the City Council) prior to submittal of the Final Plat Application for the first phase. 5. Minor modifications to an approved phasing plan which Administration - Page 28 do not change impacts on the adjoining property may be approved or denied by the Planning Director. C. SALE OF THE LOTS PRIOR TO FINAL PLAT: 1. A final subdivision plat must be approved and filed for record with the County Clerk and Recorder before title to the subdivided land can be sold or transferred in any manner, except after the preliminary plat of a subdivision has been approved or conditionally approved, the subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following conditions are met: a. That under the terms of the contracts, the purchasers of the lots in the proposed subdivision make any payments to an escrow agent which must be a bank or savings and loan association chartered to do business in the State of Montana; b. That under the terms of the contracts and the escrow agreement, the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the subdivider until the final plat of the subdivision is filed with the County Clerk and Recorder; C. That the contracts and the escrow agreement provide that, if the final plat of the proposed subdivision is not filed with the County Clerk and Recorder within the period of the preliminary plat approval, the escrow agent shall immediately refund to each purchaser any payments made under the contract; d. That the contracts contain the following language conspicuously set out therein: "The real property which is subject hereof has not been finally platted, and until a final plat identifying the property has been filed with the County Clerk and Recorder, title to the property cannot be transferred in any manner". D. BUILDING PERMITS Administration - Page 29 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. E. FINAL ENGINEERING PLAN APPROVALS 1. Prior to submitting a final_plat application, engineering plans for all public infrastructure and utilities shall be submitted to the citv for approval in accordance with the conditions of the approved preliminary plat. 2. The subdivider shall utilize the R / W and Utili application form found in Appendix C in submitting the required documents for review to the Kalispell Planning Department. 3. The R / W and Utilitv Plans application must be approved prior to the start of construction of any improvements in conjunction with the subdivision unless written approval has been granted by thl- planning department to allow specific work. 4. Review of RZW and Utility Plans application: a. Once the required numbers of engineering plans have been submitted and the fees paid, the planning department shall distribute the plans to the appropriate city departments for their review, comments and approval. b. Each department will have 30 calendar days to review the plans and either: 1. Approve the plans; or 2. Provide comments and request additional information that will lead to plan approval. C. Approval of comment letters from the reviewing city departments shall be submitted to the planning -department within the 30 day review eriod. Administration - Page 30 d. The planning department will then forward the approval or comment letters to the subdivider and when appropriate to the design engineer. e. If revisions to submitted plans are required, the subdivider or applicants engineer shall revise the plans as necessary to address all the comments received on the plans. f. Once revisions are completed by the applicant, the revised plans shall be re -submitted to the planning department. 1. The revised sets of R/W and Utility plans shall be reviewed again in accordance to the procedures set out in 4a. - c. above. 2. This process shall be repeated until the subdivider submits plans that are approved by each department, or the application is withdrawn. 5. Plan abbroval: The blanninL- department shall notif the subdivider and the engineer of plan approval in writing once all departments have approved the plans and the plans meet all the subdivision's conditions of approval. 6. The applicant may proceed with the final plat application once the necessary infrastructure is inetallPrl EF. FINAL PLAT APPLICATION: 1. After receiving the preliminary plat approval or conditional approval, the subdivider may proceed with the preparation and submission of the final plat of the proposed subdivision. All required improvements shall either be installed, or the subdivider shall enter into a subdivision improvements agreement with the City Council prior to the filing of the final plat guaranteeing the installation of remaining improvements (See Appendix F, Subdivision Improvements Agreement); 2. A complete application for final plat approval shall be submitted to the Kalispell Planning Department at least Administration - Page 31 60 days prior to the expiration date of the preliminary plat. (Because of processing time, complete final plat applications submitted less than 60 days prior to expiration face the possibility of expiring prior to City Council review and final action) . The submittal shall include the following: a. Written application form provided by Kalispell Planning Department; b. Application review fee as set by the Kalispell City Council; C. One opaque and 1 mylar copy, or 2 mylar copies; 4 blueline copies; and one 11" x 17" reduced copy, a digital copy of the final plat and three blueprint copies and of the final plat prepared in accordance with Appendix D; d. All attachments to the final plat as specified in Appendix D. e. Certification by the subdivider indicating which required improvements have been completed on the site or are subject to an attached subdivision improvements agreement in conformance with Appendix F securing the future construction of public improvements to be installed. G. ACTION BY THE PLANNING OFFICE: 1. The Kalispell Planning Department shall review the submitted plat and documents with regards to: a. Compliance with the approved preliminary plat; b. Compliance with the conditions of approval imposed by the City Council; C. Compliance with the City of Kalispell Subdivision Administration - Page 32 Regulations; d. Compliance with the Montana Subdivision and Platting Act. 2. If the Kalispell Planning Department determines that the submitted final plat and attachments are complete and in substantial compliance with 1(a-d) above, it will review and make its recommendation to the City Council. 3. The City Council must approve the completed final plat application and recommendation prior to actual expiration of the preliminary plat. 4. The final plat must conform to the preliminary plat map and conditions of preliminary plat approval. a. Insignificant changes which have a minimal impact on the scale or scope of the project or immediate neighborhood shall be so noted in the Kalispell Planning Department report to the City Council. b. Changes which either the Planning Director or the City Council determines to be substantial shall be returned to the Planning Board for re -hearing and consideration as amendments to the original preliminary plat following procedures outlined in either Sections 2.6 or 2.07. Substantial changes would include: (1) Moving ingress -egress points; (2) Re -arranging five (5) or more lots; (3) Increasing the number of lots; (4) Significant relocation of buildings, parking facilities or common areas; Administration - Page 33 (5) Requesting a deletion or substantial change to any condition of written approval except when a condition of approval is effectively changed as a result of new or modified governmental regulations. GH. ACTION BY THE CITY COUNCIL: 1. The City Council shall approve the final plat if: a. The final plat conforms to: (1) The conditions of approval set forth on the preliminary plat; (2) The Montana Subdivision and Platting Act; (3) The City of Kalispell Subdivision Regulations and in particular Appendix D; b. The final plat substantially conforms to the approved preliminary plat; C. The subdivider has installed all the required improvements or has entered into a written subdivision improvements agreement with the City of Kalispell pursuant to Appendix F of these Regulations. 2. If the final plat is disapproved, the reasons for disapproval shall be stated in the minutes of the City Council and a copy forwarded to the subdivider. 3. 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. 4. The acceptance of land dedications shall be made by specific action of the City Council and shall be noted on the plat. 5. The City Council shall approve or deny a final plat application within 30 days after receiving the Kalispell Administration - Page 34 Planning Department recommendation, unless the subdivider waives in writing the right to have such a decision within the prescribed time limit. The City Council shall notify in writing the subdivider and the Kalispell Planning Department of its approval or denial of the final plat. 14I. FINAL PLAT FILING: The subdivider shall have 30 days from the date of the approval of the final plat to file the approved final plat and documents as described in Appendix D with the County Clerk and Recorder. 2.10 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: 1. 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 division of lots 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 City Council and an amended plat must be filed with the County Clerk and Recorder. 2. The amended plat shall be subject to procedural requirements for major and minor subdivisions (Sections 2.04 through 2.07). Amended plats shall be subject to all standards contained in these Regulations. 3. The final amended plat submitted for approval shall Administration - Page 35 comply with the final plat requirements of Section 2.08 and Appendix D 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(1), M.C.A., as amended. 2.11 PROCEDURE FOR SUBDIVISIONS CREATED BY LEASE OR RENT (WTTTM, MANUFACTURED HOME PARKS, CAMPGROUNDS) A. Subdivisions created by lease or rent, such as manufactured home and recreational vehicle parks, are exempt from the surveying and filing requirements of the Montana Subdivision and Platting Act, but must be submitted for review and approved by the Kalispell City Council before portions thereof may be leased or rented. B. Manufactured home parks and recreational vehicle campgrounds, and condominium developme comprised of six (6) or more dwelling units, lots, or spaces shall comply with and shall be processed in accordance to the procedure stated in Sections 2.06, and Chapters 4 erg of these Regulations. C. Manufactured home parks and recreational vehicle parks and condominium developments comprised of five (5) or fewer dwelling units, lots, or spaces shall be reviewed under Sections 2.07 or 2.08 and Chapters 4 or 5 of these Regulations. Administration - Page 36 CHAPTER 3 - DESIGN STANDARDS 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 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. 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. Administration - Page 37 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. Snow ayal r,ches 8. Slopes in excess of 25% grade, 9. Subsidence, 10. Polluted or non -potable water supply, 11. Air or vehicular traffic hazards or congestion, 12. 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. 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; 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 Administration - Page 38 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 Growth Policy 2. Kalispell Area Transportation Plan 3. Kalispell Parks and Recreation Master Plan 4. Relevant adopted neiL-hborhood or sub -area blans 5. Kalispell water, sewer and storm water facilities plans 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''.' Administration - Page 39 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 wetland hazards to life, health or welfare, or that may be prohibited by state wetland 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 hvdric 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 Administration - Page 40 entire wetland or that portion which is located on the property to be subdivided. 2. Proposed lot boundaries will be located at or bevond the 100-foot setback. 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. 2. Protect water quality. 3. Protecting- the stream/river channel and banks 4. Maintaining an effective sediment filter which helps maintain water quality. S. 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. Administration - Page 41 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 the Public Works Department. 2. Trails and trail -related improvements (benches, trail si nage, bridges and other crosaipgsl bject to the following provisions: a. Improvements must be constructed to minimize bank instability, sedimentation, nutrient and pollution runoff. b. Trails shall be aligned to minimize damaize 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 followiniz 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 an les; 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). Administration - Page 42 e. Streets shall allow passare of vehicular traffic 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 ar. related activities. E. Prohibited uses within the setback: 1. Fill material. 2. Parking lot development. 3. Streets except for water course crossings. 4. Residential, commercial or industrial primary and accessory structures. 3.08 WATER RIGHTS - TRANSFER TO THE CITY For any subdivision that exceeds five acres in gross area, the transfer of water rights shall be addressed at the time of preliminary plat as provided in 76-5-504 (1(j)) MCA. A. The following options will be considered: 1. Where a homeowners association or other private or commercial entity is proposed as part of the subdivision that will be charred with maintaininiz 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 citv based on the citv's need to rovide municibal service to the area. Administration - Page 43 3. 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 3.09 HIGHWAY SOUND MITIGATION Where a roposed residentially zoned (R or RA zoned subdivision abuts an existing or planned mayor 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 (storaL-e 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 1/2 feet in hei ht 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. Administration - Page 44 3.10 GEOTECHNICAL REVIEW A geotechnical report shall be required for all major 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 lat application. B. Said report must find that development of the pertinent lots would pose no 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. Subiect to siL-nificant fill and foundations and driveways should be designed accordingly. 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: Administration - Page 45 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 shall have ., driveway access t the same street ofroadasinterior-�n shall have sufficient ri+� fficioto provide acceptable sight distance for traffic safety. 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. 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 177idtb 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 30 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 3.12 Administration - Page 46 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 or reverse lots are prohibited except where essential to provide separation of residential 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. as deemed necessary by the City Site Reviewcommittee;- J. Lots shall be numbered consecutively throughout the subdivision. Phases and blocks shall also be consecutively numbered. 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 3W 250 feet or more than 1,200 600 feet. 3. Right-of-way, not less than 20 feet wide, for pedestrian walks trails shall be required where deemed essential to provide: 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. Administration - Page 47 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 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 rimary 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 (ever 1,500 feet) less than 1,000 feet and, b) The subdivision contains less than 50 units Administration - Page 48 2. A second full access or multiple accesses are required in the following situations: a) The primary access road exceeds 1,000 to 1,50 feet; or b) The subdivision serves 2-0 50 or more residential lots or 40 100 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. 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. Administration - Page 49 TABLE 1 Read Tlesig,-, St.,l-l.-l.,id for Leeal C„1„-liyisio Streets RURAL-4- MinimumB Right -/1T-\I� ay XI I ft... 6 I ft.. 6 I ft... 6 I ft.. IJIJ 1C. VV 1C. IJIJ 1C. VV 1C. Minimum Pavement -34 284t-4 WidthMaximum Grade 8104 pppp/� 804 pppp/� Glll Flo sac turnaround: a. Twee of e rb radius 45 ft. 45 . N. Minimum \/11 Y111Mu outside right of i Yl+-/1f ay ra 50 ft....� '.'...l..I......I..........T TC. Maximum length 600 ........ 1C --2 Terrain and design eenstraints may dietate greater- right of way; all read - Aver -age net residential density of 1 aere. street,within the right of way. Design approved by the City Engineer/ Kalispell Design and Genstraetien -4 Where par4dng is allowed on both sides of 36 feet -mini mum- readw width is needed. Where dens' is on both sides of street unless overflew/ visitor parking demands are of elsewhere. he Administration - Page 50 TABLE 1 STANDARDS FOR SUBDIVISION STREETS Street R/W Ownership R/W (1) Travel Surface Min. Sidewalk Lots Served Max. Dwellings Served Max. Through Street Infill tech. only Max. Grade Local-1 Private 10 10 none 1 0 utilit 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% Collector Public 60 34 Both sides n/a n/a Yes 8% Arterial Public 80 (2) Both Sides n/a n/a Yes 8% 1 Terrain and desizri 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 s aring_ly when all other design alternatives fail due to topography or existing improvements. 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. Administration - Page 51 i. Back of curb radius - 47 ft. min. ii. Min outside R/ W radius SO 58 ft. min. b. Hammerhead for streets up to 150 feet long i. Hammerhead travel surface shall extend 40 feet to the right and left of centerline of the primary street. ii. The travel surface in the hammerhead shall be a min. 20 feet wide. c. Other turn around design as approved. d. 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 City Growth Policy and Kalispell Area Transportation Plan. F. SheI Q OQbciyisioIabuts AY containsan existing ®rproposed arterial street, additional treatment right of 7 frontage be roads, for screening or other may required to adequate protection of residential properties local traffic, and separate arterial and F. Minor Arterial desiEn standards The following roads are or are intended to function as minor arterial streets in the future: • Reserve Drive (Both east and west of HiL-hwav 93 • Stillwater Road • West Spriniz 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 Administration - Page 52 subdivision abuts one of the above roads. Lots shall be oriented inward with the rear lot lines of the lots adiacent 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 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 riL-ht-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-wa® 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 hei ht 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 Administration - Page 53 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 landscapin along the arterial right -of --way to be performed by the city. G. Collector Street design standards: To brotect the functional aspects of the street the following standards shall be met when a proposed residentially zoned (R or RA zone) subdivision is adaacent to an existing or future collector street or includes a collector street within the subdivision: 1. Individual driveways are prohibited. Access to off- street parking spaces and/or garages shall be from an alley. 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. 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 ubLyraded 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 R1 W to bring the road up to a minimum standard for the design classification of street. Administration - Page 54 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 ubLyrade the travel surface to the centerline of the street but in no event shall the overall street travel surface be less than the minimum reauired 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. 2. Use of color or texture differentiated crosswalks. b. This can be achieved by using paint, colored, textured or stambed 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 refine for pedestrians. 6. Restricting the width of proposed travel surfaces where the proposed width exceeds the minimum design standards of the city. Round-abouts. N. In minor subdivisions where lot access is provided by existing streets, City Council may require waiver of protest to a special improvement district (SID) to upgrade the street in lieu of actual Administration - Page 55 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. 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 Kailspell 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 scopiniz meetiniz with the public works department. 3.15 ALLEYS: A. Alleys (public or private) may be required in any development. B. Alleys in residential areas are required whenever: 1. SinL-le familv lots of less than 50 feet width are brobosed 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 adiacent to an existinLy or future collector street. C. Alleys design standards: 1. Commercial alleys shall have a minimum 20 foot R/ W and 20 Administration - Page 56 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. 3.16 SIDEWALKS/BIKE PATHS: A. Sidewalks are required in the following situations unless modified by these regulations: 1. 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 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 bevond. 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 a 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. H. A bike bath may be reauired 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. 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. Administration - Page 57 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. Bike paths and sidewalks shall be designed per the AASHTO guidelines. 3.17 DRAINAGE FACILITIES: A. All storm water drainage improvements shall be designed in accordance with the Kalispell Design and Construction Standards. - - - - - - -- - - --- -- •�.. i ♦ V..... � _� r i V.'... i i i iY V i i r.....` i i '•.. - - - - - - - - - - - - 1610. - - - V V- 1INa.. - - -. -. -. - wil, ._ _ n -- - Administration - Page 58 ■ 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. ■ i. ■ L� 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. Administration - Page 59 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. 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. 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 5 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- wa . 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 Administration - Page 60 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 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 Board, 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: 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 or mobile homes; d. A subdivision in which only one additional lot is rran Carl C. The first minor subdivision from a tract of record. 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: Administration - Page 61 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 2-0 10%; b. More than five percent of the park site has an average cross slope greater than 25%; C. Any of the site 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; C. 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; i. 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: Administration - Page 62 1. 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, 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. 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 Administration - Page 63 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. -- - .. ■ .. . . . mm w111111111- I. - .- ... �._..::...r>_...,._. _..._.:.�.....: :.-:.._.-.��,. . ....... I M M "IN, 11 -4 1010,11 M, WIN 'a M'- MON. w 11 I M - - -- - - --- - -- - -- - - -- --- Administration - Page 64 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 arrPccihlP 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 financiniz improvements to area roads which will specifically benefit this subdivision. Administration - Page 65 CHAPTER 4 - MANUFACTURED HOME PARKS, RECREATIONAL VEHICLE PARKS AND CAMPGROUNDS 4.01 SUBDIVISION CREATED BY RENT OR LEASE DEFINED: A subdivision created by rent or lease, such as manufactured home parks, recreation vehicle parks, or campgrounds, is any tract of land divided by renting or leasing portions thereof. It is owned, however, as one parcel under single ownership. 4.02 EXEMPTION FROM SURVEY AND FILING REQUIREMENTS: Manufactured home parks, recreation vehicle parks and campgrounds are exempt from the surveying and filing requirements of the Montana Subdivision and Platting Act but must be submitted for review and approved by the Kalispell City Council before portions thereof may be rented or leased. Approval shall be based upon the criteria and standards included in these Regulations. 4.03 PROCEDURES: A. Manufactured home parks, recreational vehicle parks and campgrounds comprised of six (6) or more spaces, units or lots, shall comply with and shall be processed in accordance to the procedures stated in Section 2.06 of these Regulations. B. Manufactured home parks, recreational vehicle parks and campgrounds comprised of five (5) or less spaces, units or lots, shall comply with the processing requirements stated in Sections 2.07 or 2.08. C. In lieu of filing a final plat, the subdivider shall submit to the Kalispell Planning Department four blue line copies and one digit L1copy 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 Administration - Page 66 be maintained in the Kalispell Planning Department Office and in the Office of the Clerk of the Council, City of Kalispell, Montana. D. 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. E. Manufactured home parks, recreational vehicle parks and campgrounds are required to be licensed by the Montana Department of Environmental Quality. F. 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 50-52-102, 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. 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 3, Design Standards, except for 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 Administration - Page 67 development and adjacent properties. 4. An off-street area for mail delivery. 5. Sidewalks. 6. Curbs and gutters. 7. Street lighting. 8. Management regulations. 4.05 PARK LAND DEDICATION: The City Council may waive park land dedication and cash donation requirements if the subdivider agrees to develop at least one -ninth of the area of the development as park or playground. The development shall be equipped at all times with fire control so located within the development as prescribed by the fire department. 4.07 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 3.09 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. 4.08 MANUFACTURED HOME PARK STANDARDS: A. Lot requirements: 1. All lots of manufactured home spaces in a Administration - Page 68 manufactured home park shall meet the following requirements: a. Manufactured home lots shall be arranged to permit the safe and practical placement and removal of manufactured homes. b. The minimum lot width shall not be less than 50 feet and the minimum lot area shall be 5,000 square feet for single -wide manufactured homes and 6,000 square feet for double -wide manufactured homes. B. Minimum standards: 1. All manufactured 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 manufactured homes shall be located at least 10 feet from the street providing access to it. C. Lot coverage: A manufactured home shall not occupy more than one-third of the lot area. The total area occupied by a manufactured home and its roofed accessory buildings and structures shall not exceed two-thirds of the area of the lot. D. Distance between manufactured homes: No manufactured home nor its attached structures, such as awnings or carports, shall be located within 20 feet of any other manufactured home or its attached structures. E. Detached accessory structures: No detached structure, such as a storage shed, shall be located within five feet of any manufactured home or its attached structures. F. Parking spaces required: A minimum of two parking spaces shall be provided for each Administration - Page 69 manufactured home lot. In addition, guest parking at the ratio of one space for each five lots and vehicle storage parking at the ratio of one space per each 10 lots shall be provided. Each parking space shall measure 9 feet by 20 feet. G. Marking of manufactured home lots: The limits of each manufactured 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. Manufactured homes to be skirted: Each manufactured home shall be skirted within 60 days after it is moved upon a lot within the manufactured home park. Said skirting shall be of a fire resistant material complementary to that of which the manufactured home exterior is constructed and shall be attached to the manufactured home. I. Electrical systems: All electrical lines serving the subdivision shall be buried underground. and shall be designed and constructed in «ice^vsl- re c v Lxvxrccr Administration - Page 70 a..�.r irrarrr�raP,M�� 4.09 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; 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 Administration - Page 71 street. d. Minimum centerline curvature radius of 45 feet. B. Recreational vehicle space: The lots or recreation vehicle spaces shall meet the following standards: 1. 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. Administration - Page 72 I.Wfl.T.'l:r:... . .. .pI .... - . - M. .. Gq- jz7.NM------------ I LOW w M-0 WIN Min "M Z -- llllNvl GIIIIIII NOW Mr Administration - Page 73 - - -- --- - ----- -• - IN .- .- .. .. ■-. 11 N. ..- • - - e o� M. _-.�.a ■ Administration - Page 74 Administration - Page 75 CHAPTER -10 5 EVASION CRITERIA FOR LAND EXEMPT FROM SUBDIVISION REVIEW PURPOSE 5.01 The Montana Subdivision and Platting Act (MSPA) 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 the MSPA. The exemptions are found in Part 2 of Title 76, Chapter 3. These regulations address the more commonly used exemptions. CRITERIA TO DERTERMINE WHETHER A PROPOSAL IS AN ATTEMPT TO EVADE THE MONTANA SUBDIVISION AND PLATTING ACT 5.02 The governing body and its agents, when determining whether an exemption is claimed for the purpose of evading the MSPA, 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. REMAINING PARCELS OF LAND 5.03 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. Administration - Page 76 CHAPTER 6 - MONUMENTATION 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. 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. 6.03 Prior to filing any subdivision plat or certificate of survey for record, the land surveyor shall confirm the location of sufficient monuments to reasonably assure the perpetuation or re- establishment of any corner or boundary 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. 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. 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. 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. Administration - Page 77 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. 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 certificate or plat filed. 6.08 If the land surveyor uses any previously established monument, he must confirm the location of the monument. If properly confirmed and shown and described on the filed certificate er plat, such a monument shall be considered a monument of record. Administration - Page 78 CHAPTER 7 - ADMINISTRATION 7.01 VARIANCES: A. Hardship: The City Council may grant variances from Chapters 3 & 4 ands of these regulations when because of particular physical surroundings, shape, or topographical conditions of a specific property, strict compliance would result in undue hardship and when it would not be essential to the public welfare. Such variances must not have the effect of nullifying the intent and purpose of these regulations. The governing body shall not approve variances unless it makes findings based upon the evidence in each specific case that: 1. The granting of the variance(s) will not be detrimental to the public health, safety or general welfare or injurious to other adjoining properties; 2. The conditions on which the request for a variance(s) is based are unique to the property on which the variance is sought and are not applicable generally to other property; 3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue hardship to the owner would result, as distinguished by a mere inconvenience, if the strict letter of these Regulations is enforced; 4. The variance(s) will not cause a substantial increase in public costs; and 5. The variance(s) will not, in any manner, vary the provisions of any adopted zoning regulations, or Growth Policy. B. Procedure: The subdivider shall include with the submission of the preliminary plat, a written statement describing the requested variance and the facts of hardship upon which the request is based. The planning board and City Council shall consider each requested variance at the public meeting or hearing on the preliminary plat. VKIX Administration - Page 79 C. Conditions: In granting variances, the City Council may require such conditions as will, in its judgment, secure substantially the objectives of these Regulations. D. Statement of facts: When any such variance is granted, the motion of approval of the proposed subdivision shall contain a statement describing the variance(s) and the facts and conditions upon which the issuance of the variance(s) is based. VIOLATION! ENFORCEMENT The final plat shall be filed for record with the County Clerk and Recorder before title to the subdivided land can be sold or transferred in any manner or offered for sale or transfer. 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 Subdivision and Platting Act and these Regulations. B. The cost of such action shall be imposed against the person transferring or offering to transfer the property. 7.03 PENALTY FOR VIOLATION: Any person who shall violate any of the provisions of the Montana Subdivision and Platting Act or these Regulations may be either: A. Charged with a ' misdemeanor and punishable by a fine of not less than $100.00 nor more than $500.00 or by imprisonment in jail for not more than three months or by both fine and imprisonment. Each sale, lease or transfer of each separate parcel of land in violation of any provision of the Montana Subdivision and Platting Act or these Regulations shall be deemed a separate and distinct offense. B. Charged with a civil infraction to be prosecuted under the provisions of Chapter 1, Article 2 of the Kalispell City Code which remedies may include fines as well as an order of abatement. Administration - Page 80 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. 7.05 AMENDMENT PROCEDURE: Before the City Council amends these Regulations, they shall: A. Hold a public hearing. B. Give of T ( q the public Yl hearing 1 Y y publication Y1 l c tion o1 notip'Vf—t1,- +11M °a 4 ply of the heari„o Publish a notice advertising the public hearing in a newspaper of general circulation in the city not less than 15 days nor more than 30 days prior to the date of the hearing. C. The Council may —,-at �+r diseretio , ask for a recommendation from the Planning Board prior to the council hearing. D. The Council may direct the Planning Board to hold a public hearing prior to Council action. 7.06 APPEALS: A. A person who has filed with the governing body an application for a subdivision under the MSPA and these regulations may bring an action in district court to sue the governing body to recover actual damages caused by a final action, decision, or order of the governing body or a regulation adopted pursuant to the MSPA that is arbitrary or capricious. B. A party identified in subsection (�D) below who is aggrieved by a decision of the governing body to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision or a final subdivision plat may, within 30 days after the decision, appeal to the district court in the Administration - Page 81 county in which the property involved is located. The petition must specify the grounds upon which the appeal is made. C. For the purposes of this section, "aggrieved" means 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. D. The following parties may appeal under the provisions of subsection (b B) above: 1. The subdivider; 2. A landowner with a property boundary contiguous to the proposed subdivision; 3. A private landowner with property within the county or municipality where the subdivision is proposed if that landowner can show a likelihood of material injury to the landowner's property or its value; 4. The county commissioners of the county where the subdivision is proposed. Definitions - Page 82 CHAPTER 8 - SUBDIVISION IMPROVEMENTS GUARANTEE 8.01 SUBDIVISION IMPROVEMENTS AGREEMENTS PROCES THR-FINAL--PICA-T: All conditions imposed by the City Council at the time of approval of the preliminary plat shall be completed prior to the approval of the final plat. However, the City Council, at its discretion, may allow a subdivider to defer completion of certain required improvements. in which case 'the following procedures and requirements shall apply:, „»ions g. The subdivider shall enter into a subdivision improvements agreement with the city, found in Exhibit E of these regulations, which guarantees the outstanding conditions will be completed. h. The subdivider shall certify that at least 2/3 (based on value of completed work) of all required improvements are designed and completed. i. The subdivider shall not be allowed to bond for: (5) Public water or sewer infrastructure improvements including fire hydrants or lift stations which are necessary to serve any lot being final platted. (6) Roadway improvements including sub base and base work which are necessary to provide an all weather access road to any lot being final platted. j. 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: Definitions - Page 83 g. The subdivider demonstrates a reasonable hardship exists which is not solely financial, and h. The conditions do not place a health or safety burden on existing lots. i. The improvements are not necessary for the convenient enjoyment or use of lots which are in the process of developing or being utilized. k. The subdivider shall submit plans, .specifications and cost estimatesyy yprepared by yayyreistered professional enineer for the wwcompletion _ofwall remainin _imt?rov_e_ments.w 1. They ypro ected yim ro_v__ementsy costy yshall yybeyyy12 5% oy yof ythe current costs for wcompleting the improvements. The -r'it = gRMWil at.....its.....discreti�n naA . rc uire the submitted ......... ............. .......... a __ _ ; tins and ccted costs- € revi nvcd-b another r e istered- rofevssioraal- eragineery accc ;table -to bith.........artie.s............The....co.s.t.s.....for.....such.....review....s.hall.....be....borne....b. . ........ ........ ........... ........... ........... ........... ........... ........... .................r .. the sub€ wider. In. Upon completion of required improvements, the subdivider shall file with the City a statement certifying that: A. All required improvements are complete; B. The improvements are in compliance with the minimum standards specified by the City Council; C. The subdivider knows of no defects in these improvements; D. The improvements are free and clear of any encumbrance or liens; E. All applicable fees and surcharges have been paid. (5) The subdivider shall also file with the City: Definitions - Page 84 5. Copies of final construction plans, road profiles, proposed grades, and specifications for improvements, and 6. Copies of final as -built plans, profiles, grades and specifications for improvements. 7. A two year warranty bond guaranteeing all new city infrastructure. d. 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. e. 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. E. Only after the insectin engineer certifies that improvements are complete and. free from defect and after recei t of other statements detailed above the City Council shall release the subdivider from the .................................................................................................................................................................................................................................................................................................................................................. subdivision improvements agreement ........ ......... ......... ......... Definitions - Page 85 eh-edu I-e e-p-p rav-E-d----b-� ----th-e G -t y----Geun el-1----a-n-d----e-tat-ed---- Ln---- t h- e s_h-al...l........-th....s........p.e..r..lad........e..x.e.e.e.d......._1..&.........m.an..th...s.........f-ram........_ t h.e..�....d.at.e........a..f.........app.r.aval he--- auiadi-vider-=----she-1-1----e -ter-=----Lnt-&----an----imps-cove e-nt-e-----agr-eem-e-it- 1..n.a...1 u }.e...:... 14-�--A-eomm4 Gme�rt---to- complete tk�e--improveme�rEs .1_6_ m A____g u_ r- n_t e e.____a cee p a-b- e ---- t.a___m t_h e____G _t y____Goun-c_ _l projected costs- (125$-of Curren-t-cast) of the I m. p ove.m. ent.a...........f r..........a........pe..r..1..aei........a..f.........an.e........_ye-a-r..........f-are aeceptania,E-- 0 Definitions - Page 86 -ah-e-uld ---- the ---- suladl:vi-d-e-r ------ fal--1 ------ ta ---- s-a-t-i-s-f M--pl-e-te ---- the I C. it y C. au-n-,cll a r e d.e..s.c...r i.b.e.d in S.e.c...t. 10-n 8 1 0 ................. The me t h-e-d &-f standard&--s��; improvements-;- c-neumbranc-e-or --- liens; with the C ity Council; and gIll; W!1;22mj�� capies ---- of --- final ---- as-bu-ilt- --- plan-s-i ---- profllesj grades ---- and specifieatien��. ....................................... T he subdivider w. ill provide for ins-pec tion of all requ ired condition . ... of-a-pproval-i or before the City Counc il releases Definitions - Page 87 Y�11111Y�YYl�Y1+Cl /1T +Y11 C'� C'��1�+1 /l Yl +Yl� I '1+TT I '/111 Y11�1� 1M /]TT 1 , Only ,after the- i-nspecting engineer pert fies that m. .provcments subdivid r from the subdiv-ision mprove mcnts agrcomcnt. Couneil::::::determin es:::::::Cheat::mn.a.-ny:::::::lmprovemcnts ficioneies::::::::::a:nd:::::::::may:::::::::withhold:::::::::: allat ral ffi0ie t=tomes;-n--aura p-T -r= C, p ti an: 3. If the Citycouncil—determines that the subdivider will not construct any or all improvements to required specifications, or within the time limits, it may withdraw 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. 8.1003 ACCEPTABLE FORMS OF IMPROVEMENTS GUARANTEES: Definitions - Page 88 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 8.0401. The City shall reduce the bond requirements commensurate with the completion of improvements. u--F. 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: 1. 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 ln=-p-ro-vem--ent-s,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: 1. That the creditor guarantees funds in an amount equal to the projected cost, as approved by the City Council, of completing all required improvements; Definitions - Page 89 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. any_.encu b anee-s.__or__llens_--at___the_ time__ t__ls_--to___ __put__ln escra�v: Definitions - Page 90 u .D. 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. 14 ...E. 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. 1.F. 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 Definitions - Page 91 payable to the City of Kalispell. The bond shall be in effect until the completed improvements are accepted by the City Council. .G. 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. Definitions - Page 92 CHAPTER 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. 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. 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. 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. 9.04 BLOCK: A group of lots, tracts or parcels bounded by public streets, railroads, natural features, platted or unplatted lands or a combination thereof. 9.05 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. Definitions - Page 93 9.06 CITY: The City of Kalispell in Flathead County, Montana. 9.07 CITY COUNCIL: The City Council of the City of Kalispell, Montana. 9.08 CLERK AND RECORDER: The Clerk and Recorder for Flathead County, Montana. 9.09 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. TAIJAIA06146JA 9.11 COUNTY: Flathead County, Montana. 9.12 COUNTY COMMISSIONERS: The Board of County Commissioners of Flathead County, Montana. 9.13 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. Definitions - Page 94 9.14 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. 9.15 DEFENSIBLE SPACE--. - - - - -• - - 9.16 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. 9.17 DIVISION OF LAND: The segregation of one or more parcels of land from a larger tract or held in single or undivided ownership by transferring, or contracting to transfer, title to or possession of a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcel(s) pursuant to the Montana Subdivision and Platting Act. Provided that where required by the Act, the land upon which an improvement is situated has been subdivided in compliance with the Act, the sale, rent, lease or other conveyance of one or more parts of a building, structure, or other improvement situated on one or more parcels of land is not a division of land and is not subject to the terms of the Act. 9.18 DWELLING UNIT: One or more rooms designed for, or occupied by, one family household for living or sleeping purposes and containing kitchen and bathroom facilities for use solely by one family household. All rooms comprising a dwelling unit shall have Definitions - Page 95 access through an interior door to other parts of the dwelling unit. 9.19 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. 9.20 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. 9.21 EXAMINING LAND SURVEYOR: A registered land surveyor duly appointed by the governing body to review surveys and plats submitted for filing. 9.22 FIRST MINOR SUBDIVISION: A proposed minor subdivision from a tract of record that has not been subdivided or created by a subdivision under the MSPA, or has not resulted from a tract of record that has had more than five parcels created from that tract of record under 76-3-201 or 76-3-207, MCA, since July 1, 1973. [76- 3-609(2), MCA]. 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. 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. 9.25 GOVERNING BODY: The City Council, City of Kalispell, Flathead County, Montana. Definitions - Page 96 9.26 GROWTH POLICY: A general long-range plan officially adopted for the Kalispell City Planning Jurisdiction in Flathead County, Montana. Previously known as the Master Plan or Comprehensive Plan. 9.27 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 OF property bonds, private or public escrow agreements, or similar financial guarantees. 9.28 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. 9.29 IMMEDIATE FAMILY: 9.30 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. 9.31 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. 9.32 LOT: Definitions - Page 97 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. 9.33 LOT MEASUREMENT: A. Lot Depth: The depth (or length) of a lot shall be: 1. 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. C. Lot Front: The front property line of a lot shall be determined as follows: 1. 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. Definitions - Page 98 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. 9.34 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. Definitions - Page 99 F. 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. G. Sublot: A lot intended to contain an attached, single- family residence. A townhouse lot. (See zoning def.) 9.35 MANUFACTURED HOME: A single family dwelling, built off -site in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a pitched roof and siding materials that are customarily used on site -built homes, and is in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of its production. 9.36 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. 9.37 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. 9.38 MAJOR SUBDIVISION: A subdivision that creates six or more lots/spaces/units, as well as the second or successive minor subdivision where a cumulative total of six (6) or more lots I spaces units is proposed from the original "tract of record" in existence on July 1, 1973.. Definitions - Page 100 9.39 MINOR SUBDIVISION: A subdivision that creates five or fewer lots aces units and this plat and all previous minor plats proposed from the original "tract of record" in existence on July 1, 1973 do not exceed a total of five (5) lots I spaces units. .. pffffl.Er - IN 140PIRM 9.41 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. 9.42 NATURAL VEGETATIVE BUFFER Areas along water bodies that are vegetated with many lant 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 brow in a natural state. 9.42 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. 9.43 OVERALL DEVELOPMENT PLAN: The plan for a subdivision design for a single tract proposed to be subdivided in stages. Definitions - Page 101 9.44 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. 9.45 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. 9.46 PLANNING BOARD: The Kalispell City Planning Board, formed pursuant to Title 76, Chapter 1, M.C.A. 9.47 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 requirements set forth in these Regulations and the Montana Subdivision and Platting Act (Title 76, Chapter 3, M.C.A.). C. Amended plat: Definitions - Page 102 The final drawing of any change to a platted subdivision filed with the County Clerk and Recorder required to be prepared for filing for record with the County Clerk and Recorder and containing all elements and requirements set forth in these Regulations and the Montana Subdivision and Platting Act (Title 76, Chapter 3, M.C.A.). D. Vacation of plat: A plat which has been voided under the provisions of MCA 76-3-305, 7-5- 2501, 7-5-2502, 7-14-2616 (1) and/or (2), 7-14-2617, 7-14-4114 (1) and/or (2), and 7-14-3115. 9.48 POND A permanent or seasonal body of open waterenerally smaller and shallower than lakes. 9.49 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. 9.50 PUBLIC UTILITY: A county or consolidated city and county water or sewer district, as provided for in Title 7, chapter 13, parts 22 &23 MCA. 9.51 RECREATIONAL VEHICLE PARK: Definitions - Page 103 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. 9.52 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. 9.53 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. 9.54 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. 9.55 SIDEWALK: A paved walkway designed to provide for safe and convenient circulation of pedestrians. 9.55 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. 9.56 STATE: State of Montana. 9.57 STREET TYPES: Definitions - Page 104 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 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 Definitions - Page 105 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. 9.58 SUBDIVIDER: Any person, firm or corporation, or other entity who causes land to be subdivided or who proposes a subdivision of land. 9.59 SUBDIVISION: A division of land or land so divided, which 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 or possession of the parcels may be sold, rented, leased or otherwise conveyed, and includes any re- Definitions - Page 106 subdivision and further includes any condominium or area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles, or manufactured homes. 9.60 SUBSEQUENT MINOR SUBDIVISION: Any subdivision of five or fewer parcels that is not a first minor subdivision. 9.61 SWALE: A drainage channel or shallow depression designed to direct surface water flow. 9.62 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. 9.63 TRACT: Land area proposed to be subdivided. 9.64 TRACT OF RECORD: A parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the County Clerk and Recorder's Office. 9.65 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. 9.66 WILDLIFE: Those animals that are not domesticated or tamed, or as may be defined in a Growth Policy. Definitions - Page 107 9.67 WILDLIFE HABITAT: The place or area where wildlife naturally lives or travels through. Definitions - Page 108