01. Ordinance 1707 - Subdivision Regulations - 1st ReadingPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kahspell.com/plannin2
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Subdivision Regulations Update
MEETING DATE: December 5, 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.
The planning board held a public hearing on the proposed regulation on August 91". No one spoke
either for or against the proposed update and the public hearing was closed. The planning board
discussed the proposed changes to the subdivision regulations. Based on the board's discussion a
motion was made and seconded to recommend approval of the updated subdivision regulations which
included an amendment to section 3.08, Water Rights. The motion was approved on a 6-0 vote.
The city council discussed the proposed regulations at their October P meeting. The council
decided to form a subcommittee made up of three council members to further review and suggest
changes to the proposed regulations. The subcommittee met on November 9th with a summary of the
meeting and recommended changes to the regulations provided to the council prior to the November
21" meeting. A copy of this memo is attached. If the council would like to include any or all of the
amendments provided by the council subcommittee, the council will need to propose a separate
motion to do so as the proposed subdivision regulations do not reflect the subcommittee's
recommended amendments.
RECOMMENDATION: Conduct the public hearing and consider approving the first reading of the
draft subdivision regulations.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: November 30, 2011
c: Theresa White, Kalispell City Clerk
V Jane Howington
City Manager
rA
WHEREAS, the City of Kalispell has submitted a written request to amend the Subdivision
Regulations in accordance with changes in State law; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission
by the Kalispell Planning Department after having been evaluated under 76-3-504,
Montana Code Annotated; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
Subdivision Regulations be amended to incorporate those changes as are highlighted in
Exhibit "A"; and
WHEREAS, the City Council did, on November 21, 2011 set a public hearing to be held on December
5, 2011 on said proposed amendment to the Subdivision Regulations of the City of
Kalispell; and
WHEREAS, due and proper Notice of said Public Hearing has been given by the City Clerk by
publication as required by law; and
WHEREAS, said public hearing was duly held by the City Council at a public meeting thereof in the
Kalispell City Hall beginning at 7:00 o'clock P.M. on December 5, 2011, and all persons
appearing at said hearing and expressing a desire to be heard were heard, and all written
comments thereon furnished to the City Clerk at said meeting prior thereto were given
consideration by the Council; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report, the transmittal
from the Kalispell City Planning Board and Zoning Commission, considered all evidence
provided by the public, both written and oral, and hereby adopts the findings presented as
the Findings of Fact applicable to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION I. The City of Kalispell Subdivision Regulations are hereby amended as
follows on Exhibit "A", attached hereto and thereby made a part hereof.
SECTION II. This Ordinance shall take effect thirty (30) days after its final passage.
SECTION III. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS DAY OF DECEMBER, 2011.
ATTEST:
Tammi Fisher
Mayor
Theresa White
City Clerk
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Pax: (406) 758-7739
ww.katiginii.com/plannia2
REI ORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Plamer
SUBJECT City council subcorranittee recommendations on the drat subdivision
regulations
BACK ROUND: At the council's October 30 muting the council deferred scheduling a public
hearing on the draft subdivision regulations until revels] council mewbm could meet with planning
staff: The purpose of the meting was to go over questions and comments council members had on
the draft suWivisiort regulations.
Mayor Fisher, Councilman Ha#ferman and Councilman Zauner met with planning department staff`
on Wednesday, ]November 9`' to go over questions and comments on the draft regulations. The
following yellow highlighted words or sections are recommended amendments to the draft
regulations rased on this meeting:
Proposed Amendment #1 - Chapter 2 — Application Procedure Section 2.02.C.4 (page
Determine if an environmental assessment as provided for in Appendix B is required or ifpar-N or all
the assessment are to be waived.
a* Minor subdivisions and subdivisions proposing less than 30 residential dwelling snits are to
b�e considered f r waiver unless environmental issues, advisory agency or neighborhood
concerns require a portion or all of an environmental assessment to be completed for the
pmjw.
Proposed Amendment #2 - Chapter 3 -- Design Standards Section 3.07..F Watercourse Setback
(Proposed language to be added to section 3.07)
The developer may request a reduction in the setbacks listed in section 3.07.B by providing the
planning department with sound scientific infbrrnation and reasonable mitigations to address
potential impacts. In the cease of bank stabiIiaation a geo technical report shall be required, The
review and approval, conditional approval or denial of the requested reduction shalI be in
accordance with section 7.0) (Variances) ofthese regulations.
Proposed Amendment #3 - Chapter 3 — Design Standards Section 3.14.0 (page 53)
Collector Street design standards: To protect the functional aspects of the street the following
standards shall be met when a proposed residentially zoned (R or R zone) subdivision is adjacent
to an existing or future collector street or umcludes a collector street within the subdivision:
1. individual driveways are prohibited except in infsll situations, A=ss to off' street parking
spaces and/or garages shall he kom an alley.
2. Lots shall be designed to orient the front of the house to the collector street
Proposed Amendment #4 - Chapter 3 — Design Standards S eclion 3.14. (page 54)
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 cf 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.
. Use of color or texture differentiated crosswalks.
b.This can be achieved by using pfint, colored, textured or stamped concrete or concrete,
brick or asphalt.
Proposed Amendment #5 - Chapter 3 -- Design Standards Se€tion 3.16.G (page 56)
A rninimusn 2 inch sleeve shall be placed under the sidewalk serving each residential lot for the
purpose of allowing the convenient extension of irrigation lines to the boulevard. The sleeve
shall be installed 5 feet on either side of the edge of the driveway. In the absence of a driveway,
the developer shall place a stamp in the concrete indicating the Iocadun of the sleeve.
Proposed Amendment 46 - CbnPter 8 — SubdivIsion Improvements Guarant Section S.02.3
(page 87)
If the City council determines that the subdivider will not comtruct any or all improvements to
required specifications, or within the time limits, ik may withdraw collateral and use these funds to
construct the improvements and correct any deficiencies to rneet specifications. Unused portions of
these funds shall be returned to the subdivider of crediting institution.
respectfully sub
Sean Conrad
Senior planner
Report compiled- November 16, 2011
c: Theresa White, Kalispell City Clerk
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(-1 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;
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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.
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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 pre -application meeting shall follow the format provided for
on the pre -application worksheet. A copy of the worksheet can
be obtained from the planning department.
B. The meeting shall occur within 30 calendar days after the
subdivider submits a written request for the meeting to the
Kalispell Planning Department.
-- - - -RTHE IM
M�11.221.221 -:-. z 0
Administration - Page 5
C. At the pre -application meeting the planning staff shall:
1. The subdivision admi istr^teF shall identify, for informational
purposes, the state laws, local regulations and growth policy
provisions that may apply to the subdivision review process;
2. The subdivision 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
,,,a, inistr t„r planning staff or the planning board contacts
a public utility, agency, or other entity that was not
included on the original list, the subdivision a ministr t„r
planning staff shall notify the subdivider or subdivider's
agent of the contact and the timeframe for response; and
3. The subdivision Q.a,-,-,inistF t s " 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 subdivision
.ioradir-ester 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
TIP V TgiX7Pfi
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).
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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.
S. 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;
S. 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
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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.
S. 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
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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.
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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
review periods per section
2.04.13 i-s will be suspended as of the date of
the City Council's decision to schedule a
subsequent hearing. The 60-working day or
80 working 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;
S. 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.
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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.
2) 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 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 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 schemes
adopted by the city that would be
undermined by the further 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.
S. 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;
S. 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 I I lil' I
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.
2) 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 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;
S. 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.
S. 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 annroval 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 the
planning department to allow specific work.
4. Review of R/W 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
-period.
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 annroval: The nlanninLa 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
inctallPrl .
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; aPd 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.
-FG. 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.
S. 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.
44I. 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 fling 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 fled 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
(CONDOMINIUMS, 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 eendominium 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 Chapter-s 4 er5 of these Regulations.
C. Manufactured home parks and recreational vehicle parks
eendeminium developments comprised of five (5) or fewer
dwelling units, lots, or spaces shall be reviewed under
Sections 2.07 or 2.08 and Chapter-s 4 eF5 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. Chow aye4 neh@c
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 plans
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.
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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 w@tea hazards to life, health or welfare, or
that may be prohibited by state weregulations 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 flood -plain, 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 S
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
signage, bridges and other crossings) subject 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 damage to plant
and wildlife habitat; and
c. Trails crossing water courses must receive
appropriate local, state and federal permits.
3. Streets, sidewalks, utility lines or similar public
construction for the purpose of crossing a watercourse
subject to the following provisions:
a. Crossings shall be minimized to the greatest extent
feasible;
b. Crossings with direct angles (90 degrees) shall be
used to the greatest extent feasible instead of oblique
crossing angles;
c. Construction shall be capable of withstanding 100-
year flood events;
d. A bank stabilization plan shall be prepared and
approved by the City prior to site preparation and
installation of the improvement(s).
Administration - Page 42
e. Streets shall allow passage of vehicular traffic per
the current Kalispell Standards for Design and
Construction.
Control of noxious weeds and activities required within
limits outlined in an approved noxious weed control
-plan.
5. Park lands, park play facilities, open space and
associated recreational facilities.
6. Agricultural fences, irrigation facilities and other ag.
related activities.
E. Prohibited uses within the setback:
1. Fill material.
2. Parking lot development.
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 charged with maintaining open space, park
lands, a golf course, agricultural pursuits or similar
uses that will require non -potable water for irrigation,
and the use of water for a closed loop thermal heat
pump, existing water rights may be transferred from the
developer, as directed by the city council, to that entity
commensurate with the proposed need.
2. The city council may request that water rights be
transferred to the citv based on the citv's need to
rovide municipal 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 proposed residentially zoned (R or RA zone) subdivision
abuts an existing or planned major arterial road capable of
generating noise in excess of 60 dba, design provisions shall be
incorporated into the subdivision to mitigate the noise impacts.
A. Noise mitigation techniques shall be utilized to reduce the noise
impacts to 60 dba at the lot line.
B. Upon submitting a preliminary plat the application shall include
the proposed noise mitigation method(s) to be used.
C. Noise mitigation techniques shall include one or more of the
following options:
1. Increased setbacks from the noise generator using open space
or parklands.
2. The use of non -noise sensitive land uses (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 height
5. Placement of streets, storm water detention facilities or other
required subdivision infrastructure to buffer the noise
sensitive land use and the noise generator.
D. Sound walls over 6 1/2 feet in height are specifically prohibited as
a noise mitigation tool.
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
plat 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 siLanificant 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.
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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 Inflll" 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
NATi d th
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. 4-0-30' x 40-30' site
b. Townhouse - min. 40 30' x 40' site
2. Building sites shall be existing undisturbed terrain of W
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 r- �,�ots are prohibited except where
essential to provide separation of r-esidenti 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 El eem e neee^ by the City- Site
Re--,4e-w eemmittee
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 -300 250 feet or more
than 1,200 600 feet.
3. Right-of-way, not less than 45 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 primary access to any lots.
D. No residential subdivision shall gate its street off from public
access.
E. Accesses into a subdivision shall be determined based on the
following:
1. A single access into a subdivision is acceptable in the
following situations:
a) The primary access road is less than
1,000 feet and,
b) The subdivision contains less than 50 units-9
Fesidentia .
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 '�Q feet; or
b) The subdivision serves 2-0 50 or more residential lots or
48 100 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.
I MR W, M-1 I M
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
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C;QLL9C;TQR LOCIAb ATAT TxcvPAL-I-
Minimum Ri(rl-it of Way t 0 ft. 60 t. 60 t. 60 t
4
Minimum Pay@m @ntC .�. 4 4
Width
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Gi i l�u`. t�CRF n FO i
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e. Mea m i i m 1@ngt4 600 ft . 600' tt
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11. �
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/yic
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within tho Fight of way.
-4 Where par -king is allowed on both sides of Design appFeved by the City EngineeF/ Kalispell Design and GenstFuetion
36 feet minimum r-eadw
,irltl-, needed.
7
on both sides of sti:eet unless eveFflow/visiter- paFking demands are -
of of n the
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
with lots
4
8
No
Yes
8%
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 design constraints may dictate p_reater right-of-way; all road
disturbances must be accommodated within the right-of-way.
2 Design approved by the City Engineer/Kalispell Design and Construction
Standards.
B. Local streets shall be designed to allow for continuation to
adjacent properties with right-of-way spacing consistent with
block lengths.
C. Permanent dead-end streets are discouraged and used sparingly
when all other design alternatives fail due to topography or
existing improvements.
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 - -58 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.
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F. Minor Arterial design standards
The followiniz 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 Springy 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 Crossiniz
To protect the functional aspects of these roads and the
nei;zhborin;z 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-way and
local street right-of-way shall be irrigated and
landscaped. Landscaping shall include a mix of
trees and ground cover and one or more earth
berms with a 4:1 slope and a minimum height of
3 feet above street grade.
c. The creation of a homeowners association shall
be included with the preliminary plat application
to address maintenance of the landscaping
between the two right-of-ways, sidewalk or bike
path and maintenance of the boulevard
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
landscaping along the arterial right-of-way to be
performed by the city.
G. Collector Street desisn standards: To protect the functional
aspects of the street the following standards shall be met
when a proposed residentially zoned (R or RA zone)
subdivision is adjacent to an existing or future collector
street or includes a collector street within the subdivision:
1. Individual driveways are prohibited. 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.
I. Collector streets shall be designed to afford access to arterial or
other collector streets or for street continuation to adjoining areas.
J. Residential driveways shall avoid direct access onto collectors and
shall not have direct access to arterial streets or State or Federal
Highways.
K. Dedication of half streets are discouraged but will be reviewed on
a case by case basis and only when there is reasonable assurance
that the adjoining right-of-way can be obtained in the foreseeable
future.
L. When a subdivision abuts an existing local, collector or arterial
street, this street shall be upgraded as follows:
1. If the required R/W for the abutting street is deficient, the
subdivider shall provide at a minimum one-half of the
required R/W to bring the road up to a minimum standard
for the design classification of street.
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 upgrade the travel surface to the
centerline of the street but in no event shall the overall
street travel surface be less than the minimum 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 refuge for
pedestrians.
6. Restricting the width of proposed travel surfaces where the
proposed width exceeds the minimum design standards of
the city.
7. Round-abouts.
N. In 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 scoping meeting 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. Sinale 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 existing or future collector street.
C. Alleys design standards:
1. Commercial alleys shall have a minimum 20 foot R/W and 20
EMU
Administration - Page 56
foot paved width.
2. Residential alleys shall have a minimum 29 16 foot R/ W and a
minimum 12 foot paved width.
3. Alleys shall be open at both ends.
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 beyond.
B. Sidewalks shall be required on both sides of the street.
1. The exception would be an exterior road to the subdivision in
which the developer would only be required to construct the
sidewalk on his side of the street.
C. The minimum width of the sidewalk shall be 5 feet
D. The minimum width of 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. stre.e.t_
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
y
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.
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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-
way.
G. No underground private utilities, except service sweeps to the street
lights and water and sewer service lines shall be placed in the
boulevard between the back of curb and sidewalk or within a
sidewalk.
H. In addition to showing the location of the utility easements on the
plat, the following statement shall appear on the final plat:
"The undersigned hereby grants unto each and every person,
firm or corporation, whether public or private, providing or
offering to provide telephone, telecommunication, electric
power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the
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
OrPatpd
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 4-0 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;
e. Is less than one acre in area;
f. Is an undeveloped open space area within a
subdivision which does not have appropriate size,
dimensions, or access to serve as a park;
g. Is in a floodway;
h. Is located within the first 50% of setback area of a
riparian area setback from any river, stream or
wetland;
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.
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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
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3.25 Waiver of Right to Protest SID for Roadway improvements in
adjacent areas.
A. On the face of each final plat the following statement shall be placed:
The owners hereby waive the right to protest the creation of an SID
for the purpose of financing improvements to area roads which will
specifically benefit this subdivision.
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
digital copy of a plat labeled "Revised
Preliminary Plat" conforming to the requirements for
preliminary plats contained in Appendix A along with
supplemental information. The revised preliminary plat shall
show the lot layout and the typical location of the
manufactured home, recreational vehicle, or other unit on the
lot. The revised preliminary plat shall also show all existing
and proposed buildings and structures, streets, parking and
recreational area. The revised preliminary plat shall be
reviewed to assure that it conforms to the approved
preliminary plat and the conditions of approval of the
preliminary plat. The approved revised preliminary plat shall
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.
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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 eenstFueted i
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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
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Administration - Page 75
CHAPTER 1-0 5 EVASION CRITERIA FOR LAND EXEMPT FROM
SUBDIVISION REVIEW
io.oi 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.
io.02 CRITERIA TO
ATTEMPT TO
PLATTING ACT
5.02
DERTERMINE WHETHER A PROPOSAL IS AN
EVADE THE MONTANA SUBDIVISION AND
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.
io.03 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-Eer-tifeate of suFvey 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
eer-ti ^^+e ^r 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 eor*te
or 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 8v 4
end 5 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
S. 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.
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.
7.02 N.U-0-1-ATT-0A- 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 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. Giv@ publie netie@ of th@iF in- t@nt to-amendth@s@ R ^e u ^ Wiens -and
of th}byiil h@nr;rg publie t ien of retie@ of th@ tim@ and
plae@ of th@oar-ig 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 ;+n ,a; n, ro+;,,r 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 (4-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 (h 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
PROCESST-O—BER CPM ERTIERI()R�APPROVAL 01F
THE RTWAT PT AT -
All pab ie impFe o,em@nts n„iro(a ,,n(4@r th@s@ Regulations and
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:,
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
estimates, prepared by a registered professional engineer,
for the completion of all remaining improvements.
1. The projected improvements cost shall be 125% of the
current costs for completing the improvements. Tl-,rrzc-cicv
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m. 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 inspecting engineer certifies that
improvements are complete and free from defect, and
after receipt of other statements detailed above. the City
Geur eil shall release the subdivider from the
subdivision improvements agreement.
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Definitions - Page 85
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Definitions - Page 87
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8.0-902 FAILURE TO SATISFACTORILY COMPLETE
IMPROVEMENTS:
2. If the City C'^�rdetermines that any improvements are not
constructed in compliance with the specifications, it shall
furnish the subdivider with a list of specific deficiencies and
may withhold collateral sufficient to ensure proper completion.
= ------ - . ......
3. If the City eouneil 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.
G-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 ' ,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.
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Definitions - Page 90
G-.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.
N-.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.
-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.
J-.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.
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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.
- --
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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 famiy
household for living or sleeping purposes and containing
kitchen and bathroom facilities for use solely by one famiy
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 e-F
pFep@Fty 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 1MMEDIATE FAMILY:
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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/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 / 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 / sDaces / units.
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 plant
species includiniz grasses, shrubs and trees. The natural
term refers to plant species that are naturally found along
local riparian areas and allowed to grow and establish plant
communities that are found along undisturbed banks. These
areas are not manicured landscapes, but are allowed to grow
in a natural state.
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
fled with the County Clerk and Recorder required to be
prepared for fling 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 water generally
smaller and shallower than lakes.
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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 8,23
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 iZenerally 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
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