2. Subdivision RegulationsCity of Kalispell
Planning Department
17 - 2"d Stream East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751 -1850
Fax: (406) 751- 1858
website: kalispellplanning.com
REPORT TO: Kalispell Mayor and City Council
James H. Patrick, City Manager
FROBE Thomas R. Jentz, Director
BATE: October 25, 2006
SUBJECT: Kalispell Subdivision Regulations Text Amendments - Address
administrative changes proposed by the State Legislature
MEETING DATE: October 30, 2006 work Session
BACKGROUND.* The Kalispell City Planning Board met on October 10, 2006, and held
a public hearing to consider a request by the City of Kalispell to update the Kalispell
Subdivision Regulations in accordance with changes in State law. These changes
include clarifying the pre -application procedures for subdivision applications,
establishing a formal acceptance policy including a 5 day application adequacy review
and a 15 day sufficiency review procedure, revisions to the subdivision review process,
public hearing process, adding several definitions and expanding the appeals process.
The updated version also provided us the opportunity to remove old references to the
Flathead Regional Development Office (FRDO) and other state or county references
that are no longer applicable. Note that the Kalispell Subdivision Regulations were last
comprehensively reviewed in 1996 and the last amendment was in 2000.
The major changes have been highlighted in the attached draft copy. Also note that
this set of amendments addresses only a ' strative procedures and does not
address any changes to the actual design standards.
At the public hearing, Tom Jentz of the Kalispell Planning Department, presented staff
report #KSTA-05-1 reviewing the changes and recommended approval of the slate of
amendments. No one wished to speak at the public hearing. The board discussed the
proposal and the potential related 'impacts. A motion was made and passed on a
unanimous vote to recommend to the Kalispell City Council that the Kalispell
subdivision regulations be amended as proposed.
Subdivision Regulations Text Amendment
October 25, 2006
Page 2
R ECONMIENDATION: After a council workshop, it would be appropriate to schedule a
public hearing for the November 20, 2006, regular Kalispell City Council meeting. A
15 day notice is required for the hearing.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Thomas R. Jentz
Director
Report compiled: October 25, 2006
c: Theresa White, Kalispell City Clerk
City of Kalispell
Planning Department
17 - 2°d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751- 1858
website: kalispellpianning.com
October 25, 2006
James H. Patrick, City Manager
City of Kalispell
P.D. Box 1997
Kalispell, MT 59903
Re: Kalispell Subdivision Regulations Text Amendments -- Address administrative
changes proposed by the State Legislature
Dear ..Jim:
The Kalispell City Planning Board met on October 10, 2006, and held a public hearing
to consider a request by the City of Kalispell to update the Kalispell Subdivision
Regulations in accordance with changes in State law. These changes include
clarifying the pre -application procedures, establishing a formal acceptance policy
including a 5 day application adequacy review and a 15 day sufficiency review
procedure, revisions to the subdivision review process, public hearing process and
adding to the definitions section and expanding the appeals process. The updated
version also provided us the opportunity to remove old references to the Flathead
Regional Development Office (FRDO) and other state or county references that are no
longer applicable. The major changes have been highlighted in the attached draft copy.
Note that this set of amendments addresses only administrative procedures and does
not address any changes to the actual design standards.
Torn Jentz of the Kalispell Planning Department, presented staff report #KSTA-06-1
reviewing the changes and recommended approval of the slate of amendments.
No one wished to spear at the public hearing. The board discussed the proposal and
the potential related impacts. A motion was made and passed on a unanimous vote to
recommend to the Kalispell City Council that the Kalispell Subdivision Regulations be
amended as proposed.
Please schedule this matter for the November 20, 2006, regular Kalispell City Council
meeting. Please note that the council is required to also hold a public hearing on this
matter. You may contact this board or Tom Jentz at the Kalispell Planning Department
if you have any questions regarding this matter.
Subdivision Regulations Text Amendments
October 2 5, 2006
Page 2
Sincerely,
Kalispell City Planning in g Board
TimothyjNoon
President
TN/SC
Attachments: Draft minutes 10 / 10 / 06 planning board meeting
Draft proposal of the Kalispell Subdivision Regulations
c w/ Att: Theresa White, Kalispell City Clerk
CITY OF KALISP LL
SUBDIVISION REGULATIONS
DRAFT
June 2006
CITY OF KAI.ISPELL
TITLE 24A
S WISION REGULATIONS
Or ance No. 1238
Adopted May 6, 1996
Prepared by.0
Kalispell Plann* g Depart ent
172ndStreet East, Suite 211
Kalispell, Mon na 59901
Telephone: (406) 751-1850
Fax: (406) 751-4858
CITY OF KALJSPELL SUBDIVISION REGULATIONS
AMENDMENTS
ORDINANCE ADOPTED
1238 Provide for comprehensive revisions to the 5 / 6 J 1996
Kalispell Subdivision regulations, repeal
ordinances not consistent herewith and
provide effective date,
1357 Amend Sections 28.02.04 and 28.02.05 3/7/2000
clarifying the amount of time allowed for
reviewing major & minor subdivisions.
Page i - Table of Contents
DRAFT
TABLE OF CONTENTS
CHAPTER
PAGE
TABLEOF CONTENTS rrrrarrrararsraf...rrrrr•warrrrrtrarrarasa4rrrrrrrrrwrararrfararrrr■rrrwfrrrrrl
1. General Provisions 1
1- 0 1 Title ............................................................................................
1.02 Authority.....................................•.............►........•................■...... 1
1.03 Purpose ...................................................................................... 1
1.04 Applicability ....... .................................... •................................... 2
1.05 Jurisdiction ......................................................................... ■■♦♦rt.■ 2
1.06 Severability.■•.........................................•..■...........•..............•..... 3
2. Application Procedurerrarra..rrrrrarwaaaaararrrrrrarrarrrrwrrrr*rsarawarrrwwrrr•arrrarrrrrrrr
1 Pe ssion to Enter.................................................................... 4
2.02 Pre -Application Conference ......................................................... 4
2.03 Application and Review Process .................................................. 6
2.04 Review of Subdivision +6 pplL cation ............................................... 6
2.0 Preliminary Plat .......................................................................... S
2.06 Preliminary Plat Process Major Subdivision ............................... 9
2.07 Preliminary Plat Process - Minor Subdivision ............................ 17
2.08 Preliminary Plat Process -- Minor Subdivision Preliminary
PlatWaiver ............................ •.................................................. 23
2.09 Final Plat Process..................................................................... 24
2.10 Correcting or Amending Filed Final Plats ................................... 29
2.11 Procedure for Subdivisions Created by Lease or Rent
(Condominiums, Manufactured Home Parks,
Campgrounds) .......................................................................... 30
3. Design Standards rrrr*ararwrrararrararwarrrrrrraswrrrarrrrrrrrarrrrraarrr•arrrrrraarra«r►rrar■ 32
3.01 Subdivisions to Comply with Design Standards ......................... 32
3.02 Natural Environment to be preserved ........................................ 32
3.03 Lands Unsuitable for Subdivision .............................................. 32
3.04 Planning Considerations ........................................................... 33
3.05 Floodplain Provisions ......................................................... .... • .. 33
3.06 Lots .... ■ ■ .... ■ . ■ .. ■ .... ■ . • ■ .. ■ .. • ► • . ■ ... ♦ ■ ■ .. ■ ..... ■ .. ■ . ■ ■ .. ■ .. ■ . ■ . ■ . ■ ■ ■ ■ .. ■ .. ■ ... .... ■ ..... 34
3.0 ■ Blocks■■.....►.......■■......■■■.■■.•■■...■.■.......►...•.•..•►■.■■...■.■..•..■......■..■..■ 35
3.08 Access..........................................•........................................... 36
3.09 Streets and Roads Design. Standards ......................................... 37
3.10 Alleys ....................................................................................... 40
3.11 Sidewalks .......................................... •....................................... 40
3.12 Drainage Facilities.................................................................... 40
3.13 Temporaa.ry Erosion and Sedimentation Control. ......................... 41
3.14 water Supply System . . . . . . . . . . . . . . • . . . . . . . . . . . ♦ . . . . • . • . . . . . . . . . . . . . . . . . . . • . . . / ■ , . . . . 42
3.15 Sewage Treatment Systems.......................................................... 42
Page ii - Table of Contents
DRAFT
3.16 Solid ■ ■ aste ...... ■ ... ■ .. w . w . ■ ■ . • r .... ■ ■ r r . • .. ■ . w . ■ w . ■ . • . ■ ■ ► r • ■ ... ■ r r .. r • .. ■ . ■ . • . w w ..... ■ . 42
3.17 Utilities ..................................... i . r ■ ■ ■ • .. • ♦ . ■ w w w ■ ■ ► . r .. • ■ • • ■ ■ . r • ■ ... r r . ■ ■ ♦ ■ • ■ . w 43
3.18 Easements ................................................................................ 43
3.19 Park Land••■•..a■.r■■•••rr■♦..a.■..■•■■•►••.■r.■■•.....■■...■.■•www■■.■r..r■.•..ra■r....■ 4
3.20 Fire Protection ............■•■■■•.■....■..w....■■.w..■.••■....■■..............•.....■..■. 47
3.21 High Fire Hazard Areas -- Special standards .............................. 47'
3.22 Boxes/ Mail Fac� 4�e s ■ . • r ■ .. r . ♦ ... ■ ...... ■ .. w . ■ ..... ■ • ... • . r ...... r . ♦ ... ■ • .. ► ■ .. • • .. ■ 48
4, nufactured Rome Parks, Recreation Vehicle Parks And
Campgrounds 49
4.01 Subdivision Created by Rent or Lease Defined ........................... 49
4.02 Exemption From Survey and Filing Requirements ...................... 49
4.03 Procedures............................................................................... 49
4.04 General Standards for Subdivisions Created by Rent
orLease . ■ . ■ a . . . . . . . . . . . • ■ ■ . . . . . . ■ . . . . . . . • . . . . . . . ■ . . . . . . . . . . . . ■ . ■ ■ . . ■ . • ■ . ■ ■ . . . . . . ► . . . . . . . ■ . 50
4.05 Park Land Dedication ............................................................... 51
4.06 Additional Fire Protection .......................................................... 51
4.07 Streets ...................................................................................... 51
4.08 Manufactured Home Park Standards ......................................... 51
4.09 Recreational Vehicle Parr and Campground Standards ............... 54
5. condominiuns.rrarrrr.arrrwar,.,r,araa■arrr..rrrrr.a..,....,a...a,aaa,a..rr.r..a,.,r.aa.►aa.. 56
55.02
� .01 Condominium Developments..................................................... 56
5 . 0 2 Procedures . ■ ■ .. ■ .. r r ......... ■ .. ■ . ■ ■ ■ ■ • • • . ■ .. r r .. ■ r . ♦ ..... ■ w ■ . ■ ... ► ■ • ■ • • ■ ... ■ ■ • ... ■ ■ ■ • . ■ r 56
5.03 Standards.►.....r..■.■r....■■■..■■■•■.•.•.■.a■■..■........•.........■.■...•.... ►...■■.■.. 57
5.04 Improvements ........................................................................... 57
5. Monume ntatioa a..aa.....a.r...r.a...rr..raa,.a,..a..,....ra.arr.*..w....,.......a...rr......a 58
7r Ad171inistratioll60
■ .0 1 Variances.■.■..■.■...■r...■.....■■.■■.■.....■■..■..■■..►■....■.....•....■■■.■..■.......... 60
7.02 Violation................................................................................... 61
7.03 Penalty for Violation................................................................. 61
7.04 Schedule of Fees....................................................................... 61
7.05 Amendment Procedure.............................................................. 62
7.06 Appeals.................................................................................... 62
S. Subdivision Improvements Guarantee sa.aar.a■.aaasaarr,rrrraaaaraa.aa...a.aa«araaa 63
8.01 Final
to be Completed Prior to Approval of the
#. inal Plat ............ . ■ ■ ■ • ■ 'a
• . . . . . . . ■ ■ ■ . . ■ ■ . . . . . . . ■ • . ■ ■ ■ . . ■ . ■ . ■ ► . . . w . ■ , • w . . . . . • ► ■ . . ■ ■ ► ■ ♦ ■ ►..+ 3
8.02 Improvement Standards............................................................ 63
8.03 Time Limits.............................................................................. 63
8.04 Projected Costs ■ .... ■ . w .... ■ . ■ ■ . ■ ■ . ■ ■ . ■ .. • .... • .......... ■ ... ■ ► ■ ■ . ■ ■ . ■ ... ■ .. .. ■ ■ ... ■ ■ .. ■ 63
8.05 Improvement Agreement ..................................... ■ .. ■ ... ■ ... • ..... ■ ■ ■ • ■ 64
8.06 Improvement Guarantee....................................................... ■ ... 64
8.07 Inspection and Certification...................................................... 64
Page ili - Table of Contents
DRAFT
8.08 Reduction and Release of Guarantee ......................................... 65
8.09 Failure to Satisfactorily Complete Improvements ....................... 65
8 ► 10 Acceptable Forms of Improvements Guarantees... ......... ...... 66
9. Definitions .rrwr.....r.r woo ..rrrrrrrwtr■rra..rrwwr..r..a.■r......r.rrrr...rrr..woo ...orr..o...woo 69
10. Erasion. Criteria for Land Exempt from Subdivisioan, Review ............. 83
10.01 Purpose .................................................................................. 83
10.02 Criteria to Determine Whether a Proposal is an
Attempt to Evade the Montana Subdivision. and
PlattingAct ...................................... ►..................................... 83
10.03 Remaining Parcels of Land............. 0.00.*.... .. 0000 ........... w + ....... w . + .. 83
APPENDEK
A. Preliminary Plat.....r....rr.�.......wr...........r..ffr.«.r.r.....,w...aw.+...►._w.r.►...s...,r.1
Contents of Preliminary Plat . ■ .. ► ... ► .. ■ ■ ..... • ■ ■ ....... ■ .. ■ ....................... • ........ 1
Supplements to the Pre.iminaxy Plat .................................................... 2
Br Environmental Assessment........ .... 5
I. Property 13es�ri}�tion.w.........r►s...r...►wr...a..s.......r..►...:........a...w..ws.. 5
1. Surface Water ....................................................................... 5
2. Groundwater..■..............................+...................................... 5
3. Topography, Geology 1 and Soils ............................................. 5
4. Vegetation ............................................................................ 6
5. Wildl fe . . . ■ . . . . . . . . . ■ . . . . . • . . . . ■ . . . . . . . . . . . . • • . . . . . ■ . . w . . ■ ■ . . ■ ► ■ . . . . ■ . ■ . . . . . . . . . . ■ . . . . . ■
6. Land Use . ■ . . ► . ■ . . ■ . . . . . . ► ■ . . . . . ■ . . .. ■ . . ■ . .. ... . ■ ■ . . • . . . . . . . . . . . . . . .. . . . . ■ .. • . . ■ . . ► ► • ■ ■
II. swnmary of Probable Impacts■.*.r....r.rwww....r..r.r..s..wr..r.....*..rr..r.. 7
1. Effects on Agriculture ........................................................... 7
2. Effects on Agriculture Water User Facilities ........................... S
3. Effects on Local Services ...................................................... 8
4. Effects on the Historic or Natural Environment ...................... 9
5. Effects on Wildlife and Wildlife Habitat ................................ 10
6. Effects on the Public Health and Safety ............................... 10
M. Community Impact 11
1. Education and Busing ............................................... . ........ 11
2. Roads and Maintenance...................................................... 11
3. Water, Sewage, and Solid Waste Facilities ........................... 12
4. Fire and Police Protection ................................................... 12
5. Parks and Recreation Facilities ........................................... 13
5. Payment for Extension of Capital Facilities .......................... 13
Page iv - Table of Contents
DRAFT
C. Final Mt■..+.a...wfrar..a.aw►a..r.s..fa.Rr►+..aasraaaraM.rw.aa....sra.a+ra.sa..arsa*ta.aaaar..a.w 14
Contents of the Final Plat ............ .■■r.w■...■■....a..►■■...■.► w..■..... w■.■..■.■.. 0 w.* a w 1
Certifications on Final Plat................................................................. 16
Attachments Accompanying Final Plat .................... ■ ...... w ..............109000 17
D. Sample For and Certifications a.....arwaa.w...ar.awwa«+wa.....r.r.ww....r.a..rwra.a 19
Irrevocable Letter of Credit................................................................. 19
Certificate of Dedication. -- Final Plat ............................. r ...... , ........ r ..... 20
Consent to Dedication by Encumbrances, If Any ................................ 20
Certificate of Surveyor - Final Plat .......................... . . . . 00 w .. w ■ . ■ .. ■ . a .. . . . . . . . 21
Certificate of Final Plat Approval -- City a ........... • .... • ......... r • . r . • w , ... a ... a • ■ 21
Certificate of Waiver of Park Land Dedication and. Acceptance
of Cash In Lieu Thereof................................................................. 22
Certificate of Waiver of Park Land Dedication for Minor
Subdivisions............ ■ ■ • . w . w • . ► . s ■ . • r • r . a .. .. w • • r . a # . y • **a*** ■ ■ ■ r . r ► . • . w ... ■ . ■ . ► ... w . • ■ ■ 22
Certificate Authorizing the Governing Body to Waive Park
Dedication Using the Over Five Acre Exemption of the
Montana Subdivision and. Platting Act............................. .............. 22
Certificate of Exarni* n g Land Surveyor Where Required -
FinalPlat .......................... ...•...,.....r.....a.ww..........w...w.......ar.ww,........ 23
Certificate of Filing by Clerk and Recorder .......................................... 23
Certificate of County Treasurer.......................................................... 23
Certificate Waiver of Protest Participation in Special.
Improvement District ... .......................................... • ...................... 24
E. Subdivision Improvement Agree�nentr.ww...r.w.rswww.w.rr..r.srwr.a........r...rw..25
F. Guidelines for Obtaining 100-Year Flood Elevations in
ApproximateZone A or Unmapped Areas ............ a w.. a. s. a.. a...... r w.......... 29
Go Defensible Spacer Stan ds wwawwR.......a►raaa*.aaawaaar�sa.a*w►aaa..a**rr.a..wsawaw..a. 31
H. Waiver of Environmental Assessment■.a.ar.■■a.awa.iar#fMi.wa..a...a......a..w.wa. 33
CHAPTER 1 - GENERAL PROVISIONS
1001 TITLE:
General Provisions - Page 1
These Regulations shall be known as the "Subdivision Regulations of
the City of Kalispell, Montana".
1,02 AUTH[]RITY:
Authorization for these Regulations is contained in the "Montana
Subdivision and Platting Act" (Title 76, chapter 3, Montana codes
Annotated) .
1 *0 SE:
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;
3. 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
Page 2 - Kalispell Subdivision Regulations
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 stration 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(14) M.C.A., as amended.
These will include
1. Division of land which creates one or more parcels containing
less than 160 acres;
2. Resubdivision of previously subdivided land;
3. Manufactured home parrs;
4. Recreational vehicle campgrounds;
5. Townhouse developments;
1105 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
or 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 reg.Wations, floodplain
regulations, building codes, development codes and fire codes.
General Provisions - gage 3
1,06 S 7 RABILI .
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.
Page S - Kalispell Subdivision Regulations
2*05 PRELEMIINARY 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 rnirnor subdivision where a
cumulative total of sax (6) or more lots/ spaces/units is
proposed from the original "tract of record" in existence on July
11% 1973. see section 2.05.
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 2.06.
C. Minor subdivision - Waiver of Preliminary Plat:
Application Procedure -- Page 9
A minor subdivisionwhich, because of its nu'nimal impacts,
has the preliminary plat requirements waived, see section
2.07.
2.06 PRELIIVI1NARY 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 n g 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) .
3. Application fee as established by the Kalispell City
Council.
4. one reduced copy of the preliminary plat not to eicceed
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:
Page to w Kalispell Subdivision Regulations
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;
4. submit the application, staff report and associated
agency and public comments to the Planning i n g Board
members and to the subdivider at least five (5) days prior
to the meeting;
5. Present the application and staff report at the hearing.
C. ACTION BY THE PLANNING BOARD:
The Planning Board shall:
1. Review the application, Kal.spell 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:
Application Procedure - Page 11
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
Board, at its discretion, may not make a
recommendation;
a. A positive recommendation may incorporate
reasonable conditions of mitigation to reasonably
potentially significant adverse impacts
identified above;
b. When requiring conditions of mitigation., the Board
shall consult with the subdivider and shall give
due weight and consideration to the expressed
preference of the subdivider;
C. A subdivision shall not be denied based solely on
its impact on educational services.
5. within 10 working days after the public hearing, the
planning board shall submit the following in writing to
the subdivider and the governing body:
a. Recommended findings of fact based on the
evidence in subsection 2.05.C.3 above that
Page 12 - Kalispell Subdivision Regulations
discuss and consider the subdivision's
compliance with and impact on subsection
2.05.C.3(a-f 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 Cn Y COUNCIL:
Upon receipt of the Planning Board recommendation, the City
Council shad:
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;
Application Procedure - Page 13
(2) The City of Kalispell Zoning Ordinance;
(3) The Kalispell City -County Master Plan;
(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 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.
Page 14 - Kalispell Subdivision Regulations
Application Procedure - Page 15
E. C17 Y COUNCIL APPROVAL:
I. 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 .ize
potentially significant adverse impacts identified above;
3. If conditions are placed on the preliminary plat, the
reason for imposition of the conditions), evidence
justifying Imposition of the condition(s) and information
regarding the appeal process as provided for in section
7.06 of these regulations shall also be provided in writing
to the subdivider.
4. when requiring conditions of mitigation, the council
shall consult with the subdivider and shall give due
weight and consideration to the expressed preference of
the subdivider;
5. A subdivider may be required to pay or guarantee
payment for part or all of the costs of extending capital
Page 16 - Kalispell Subdivision Regulations
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.
7. The approval of the preliminary plat shall be in force for
not more than three calendar years, nor less than one
calendar year. At least 30 days prior to the end of the
period . _ the subdivider may request, in writing, an
extension: of the approval period for no more than one
calendar year and the city council may grant such an
extension;
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;
3. 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 ranted
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 2.08.
MIJ
Note: If preliminary plat approved, proceed to Section
2.08, Final Plat Application.
Application Procedure - Page 17
F. CrIY COUNCIL DENIAL. -
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 PRELEM INARY PLAT PROCESS - hHNOR SUBDMSION
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.
A. APPLICATION:
The subdivider shall submit the following to the Kalispell
Planning n i n g 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.
- - _
- -
r��es�� fig_ per:{
B . ACTION BY PLANNING STAFF:
Upon receipt of the submitted documents, the Kalispell
Planning Department shall review them to determine their
Page 18 - Kalispell Subdivision Regulations
completeness pursuant to section 2.04. If the submitted
documents and infonzlation are found to be incomplete or
lnsuff dent, the applicant shall be notified of the deficiencies
and informed that the application will not be formally accepted
for pro ce s sing 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 inform ation
to determine compliance with these Regulations and
prepare its report which shall include 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:
Application Procedure - Page 19
(1) These regulations;
(2) The City of Kalispell Zoning ordinance;
(3) The Kalispell City Growth Policy 2020;
(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 worldng days from
the date a completed application was Bled with the
Kalispell P1 g Department unless the subdivider
consents to an extension of the review period in writing.
Page 20 - Kalispell Subdivision Regulations
Application Procedure -- Page 21
D. CrT Y 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
Pl g 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 m ra 1 m i ze
potentially significant adverse impacts identified above;
3. If conditions are placed on the preliminary plat, the
reason for imposition of the condition( s) , evidence
justifying imposition of the condition(s) and information
regarding the appeal process as provided for in Section
7.06 of these regulations shall also be provided in writing
to the subdivider.
4. When requiring conditions of mitigation, the Council
shall consult with the subdivider and shall give due
weight and consideration to the expressed preference of
the subdivider;
5. A subdivider may be required to pay or guarantee
payment for part or all of the costs of extending capital
Page 22 - Kalispell Subdivision Regulations
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.
7. The approval of the preliminary plat shall be in force for
not more than three calendar years, nor less than one
calendar year. At least 30 days prior to the end of the
period, the subdivider may request, in writing, an
extension of the approval period for no more than one
calendar year and the City Council may grant such as
extension.
s. 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 2.07.
WO
Note; If preliminary plat is approved, proceed to Section.
2.07 - Final Plat Application.
Application Procedure -- Page 23
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 over the appropriate signature
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 PRELE INARY PLAT PROCESS MINOR SUBDIVISION
PRELIMINARY PLAT WAIVER:
A. Based. on information and discussion at the pre -application
conference, the requirement for a preliminary plat may be
waived by the Planning n i n g Director. The subdivider must request
the waiver in writing and the Planning Director must
determine:
1. The plat contains five (5) or fewer lots;
2. There is no public dedication of streets or public or
private parkland;
3. All lots have legal and physical access conforming to
these regulations;
4. Each lot has ' a suitable building site and there are no
environmental hazards present;
5. Municipal sewer and water are adequate and in place;
6. The subdivision complies with these regulations and
current zoning regulations;
7. No significant effects are anticipated on agriculture and
agricultural water user facilities, local services, the
natural environment, wildlife and wildlife habitat and the
public health and safety.
B. when Preliminary Plat has been waived, the City Council shall
adopt findings of fact for approval based on 1-7 above
concurrent with final plat approval.
Note: If the preliminary plat is waived, proceed to section 2.08 - Final Plat Application.
Page 24 - Kalispell Subdivision Regulations
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.
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 e stabliski 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 Minding.
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 prelinzina.ry plat to void.
4. when phasing was not indicated in the preliminary plat
Application Procedure - Page 25
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 -H(D) Phased Projects. Said phasing plan shall be
approved by the Kalispell Planmng Department (subject
to appeal to the city council) prior to submittal of the
Final Plat Application for the first phase.
5. Minor modifications to an approved phasing plan which
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
Page 26 - Kalispell Subdivision Regulations
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. BUILIDINO PERMITS
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 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 E, Subdivision Improvements Agreement);
2. A complete application for final plat approval shall be
submitted to the Kalispell Planning Department at least
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 I ahspell City
Council-,
C. One cloth backed or opaque mylar copy, two
reproducible copies of the final plat and three
blueprint copies of the final plat prepared in
accordance with Appendix C;
Application Procedure - Page 27
d. All attachments to the final plat as specified in
Appendix C .
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 E securing the future construction of
public improvements to be installed.
F. ANION BY THE PLANNING OFFICE:
1. The Kalispell Planning ng 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
unposed by the City Council,-
C. Compliance with the City of Kalispell subdivision
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
Page 28 - Kalispell Subdivision Regulations
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 Planrung 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 2.05 or 2.06. 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;
(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.
O. ACTION BY THE CITY COUNCIL:
1. The City Council shall approve the final plat if:
a. The final plat conform s 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 C;
b. The final plat substantially conforms to the
Application Procedure -- Page 29
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 E 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
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.
H. 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 C with the County Clem 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
Page 30 - Kalispell Subdivision Regulations
on the face of the plat.
B . Amending Filed Final Plats:
I. Changes that materially alter the final plat or any portion
thereof or its land divisions or improvements shall be
made by the filing of an amended plat showing all
alterations. within a platted subdivision, any division of
lots which result in an increase in the number of lots, or
which redesigns or rearranges six or more lots, must be
reviewed and approved by the City Council and an
amended plat must be filed with the County Clerk and
Recorder.
2. The amended plat shall be subject to procedural
requirements for major and minor subdivisions (Sections
2.04 through 2.06) . Amended plats shall be subject to
all standards s contained in these Regulations.
3. The final amended plat submitted for approval shall
comply With the final plat requirements of Section 2.07
and Appendix C 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 C, except that in place of the
City Council's approval, the landowner certifies that the
approval of the City Council is not required pursuant to
Section 76.3- 207(l ), M.C.A., as amended.
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, recreational vehicle campgrounds,
Application Procedure -- Page 31
and condonn*m*um developments 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
2.05, and chapters 4 or 5 of these Regulations.
C. Manufactured home parrs, recreational vehicle parks and
condominium developments comprised of five (5) or fewer
dwelling units, lots, or spaces shall be reviewed under Sections
2.06 or 2.07 and chapters 4 or S of these Regulations.
Page 32 - Kalispell Subdivision Regulations
CHAPTER 3 - DESIGN STANDARDS
3.01 SUBDIVISIONS TO COMPLY WITH DESIGN STANDARDS.•
All subdivisions shall comply with The City of Kalispell Standards For
Design And Construction and the design standards included in this
chapter, unless a variance from a particular section of this chapter is
requested in writing and is granted by the City Council pursuant to
Section 7.01 of these regulations. 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 allows.
A. Planned Unit Developments (PUD):
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.
3.02 NATURAL NMENT TO BEPRESERVED:
The design and development of subdivisions shall contain satisfactory
building sites which are properly related to topography and shall
preserve the natural terrain, natural drainage, existing top soil, trees,
natural vegetation, wildlife and fish habitats to the greatest extent
possible. Exi sting trees and other vegetation shall be preserved where
possible. Plantings may be required for buffering, screening, or soil
erosion protection and are subject to approval by the City Parks
Director.
3.03 LANDS UNSUITABLE FOR. SUBDIVISION.
Lands where there is evidence of passible hazard conditions occurring
such as flooding, snow avalanches, rock falls, land slides, slopes in
excess of 25% grade, subsidence, high water table, polluted or non -
potable grater supply, high voltage lines, high pre s sure gas lines, air -
or vehicular traffic hazards or congestion, or other features which
may be detrimental to the health, safety or general welfare of existing
or future residents, or where development would place unreasonable
burdens on the general public including the requirements of excessive
expenditure of public funds or environmental degradation shall not be
subdivided for building or residential purposes unless the hazards are
eliminated or will be overcome by approved design and construction
plans.
Design Standards - Page 33
3.04 PLANNING CONSIDERATIONS:
The subdivision design shall take into consideration the following
planning considerations:
A. Particular consideration shall be given to topography in relation
to slope stability. (Type of soils/ steepness of grades.)
B. Land in the floodway shall be set aside for uses which will not
aggravate the flood hazard; will not be endangered by flooding;
and in general will not endanger the health, safety and welfare
of the public.
C. The subdivision: plan shall be designed to permit continuation
of streets into adjacent subdivisions unless there is an
alternate design approved by the city Engineer.
D . Land area in floodplains or natural or scenic areas, schools,
parks, open space, road rights -of -way and easements shall be
resented and located according to good planning and
engineering practices and principles.
E. Multiple land uses within the subdivision must be properly
situated to provide the maximum convenience to the residents.
F. Land subject to hazardous conditions (such as land slides, rock
falls, subsidence, shallow water table, open quarries, floods and
polluted or non -potable water supply) shall be identified.
G. when only a portion of an ownership is to be subdivided and
development is contemplated for the remainder, the subdivider
shall provide a reasonable development plan indicating the
intentions for the remainder. Such a plan shall show in a
general fashion; proposed roadways, residential lot location,
and parks or common areas.
3.05 FLDGDPLAIN PROVISIONS.
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.
Page 34 - Kalispell Subdivision Regulations
If any portion of a proposed subdivision is within 2,000 horizontal feet
and 20 vertical feet of a live stream draining an area of 25 square
miles or more and no official floodway delineation or floodway studies
of the stream have been previously made, the subdivider shall provide
in detail the calculated 100 year frequency water surface elevations
and/or 100 year floodplain boundaries. This detailed study must be
performed by a licensed professional engineer experienced in this field
of work. This information shall be submitted to the Floodplain.
Management Section., water resources Division, Department of
Natural Resources and conservation for review and concurrence.
Survey data must comply with the Standards for Flood Hazard
Evaluations contained in Appendix F of these regulations.
The City council shall waive this requirement where the subdivider
contacts the water Resources Division and that agency states in
writing that available data indicates that the proposed subdivision is
not in a flood hazard area.
3,06 LOTS:
Each lot shall contain a satisfactory building site which is properly
located to topography and conforms to Department of Environmental
Quality standards, Falispell 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 access (mm'imurn 20 feet wide) to
a public or private street or road,
C. corner lots shall have a driveway access to the same street or
road as interior lots and shall have sufficient area to provide
acceptable sight distance for traffic safety.
D. Flag lots shall only be utilized when all other methods of lot
development are unacceptable. Flag lots are to be used in
"infill" situations within developed areas and are not considered
appropriate in areas of new development. A flag lot shall not be
developed adjacent to another flag lot.
E. Each lot shall have a building site (nu-nimurn 40 foot by 40 foot
square pad) on existing undisturbed terrain of 3 0% or less
slope and each building site must be able to be accessed by a
driveway, n *r,*mum. 10 foot wide with a maximum 7% slope.
Where such a building site is not obvious, for example, when
the average slope of a lot exceeds 15%, them:
Design Standards - Page 35
1.
Minimum two foot ground contour intervals shall be
shown on the preliminary plat for the building pad and
drive way;
2. A statement shall be placed on the final plat noting the
specific lots as enumerated may be subject to step
terrain and that the driveway shall be approved by the
City Engineer as suitable access prior to the start of
combustible construction.
F. Any building pad which. exceeds 2 5% in cross slope shall be
required to undergo a geotechnical soils analysis conducted by
a licensed Professional Engineer and a. report shall be filed with
the city Engineer prior to final plat approval. Said report must
find that development of this lot would pose no significant
geological hazards to either this lot or neighboring properties
and the applicant would be required to comply with any and all
recommendations of said report.
G. No lot shall have an average depth greater than three times its
average width unless the average lot width is greater than 200
feet.
H. Side lot lines shall be substantially right angles to street or road
center lines and radial to curved street or road center lines.
I. Through lots or reverse lots are prohibited except where
essential to provide separation of residential development from
traffic arteries or to overcome specific topographic or
orientation difficulties.
J. 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 a traffic artery, other
disadvantageous situations, or non --compatible use as deemed
necessary by the City Site review committee.
K. Lots shall be numbered consecutively throughout the
subdivision. Phases and blocks may still be numbered.
3*07 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
Page 35 - Kalispell Subdivision Regulations
limitations and opportunities of the topography.
B. Block lengths shall be not less than 300 feet or more than
1,200 feet.
C. 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.
D . Right-of-way, not less than 15 feet wide, for pedestrian walks
shall be required where deemed essential to provide access to
common facilities such as parks, playgrounds, streams and
lakes, or when necessary to break up excessively long blocks.
3*08 ACCESS:
A. Each lot shall have legal and physical access provided and
must abut and have access to a public or private street or road.
Alleys and emergency secondary access roads shall not be
used to provide the primary means of access to a lot.
B. 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.
C. 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 3.09 of these Regulations.
D. Two or more vehicular accesses or separate multi 'ingress -
egress into a subdivision are required when one or more of the
following considerations are present:
1. where the primary access road is over 1,500 feet long.
2. where a primary access road is 1,000 to 1,500 feet long
and it serves initially or in the future at least 20
residential lots or 40 residential dwelling units.
3. where safe and convenient access and emergency vehicle
circulation dictate.
E. Multiple accesses into a subdivision in high hazard fire areas
are required when:
Design Standards - Page 37
1.
PA
The p access is over 1,000 feet long, or
The primary access road is 750 to 1,000 feet long and it
serves 15 residential lots or 30 dwelling units.
Note: A loop drive, with on
qualify as providing
emergency access.
e access point, shall not
additional, secondary or
3*09 STREETS AND ROADS - RESIGN STANDARDS:
A. All roadway improvements including pavement, curbs, gutters,
and drainage systems shall be constructed in accordance with
the adopted Standards For Design and construction, Kalispell,
Montana.
B. All roads within a proposed subdivision shall be approved by
the city Engineer and upon completion of construction shall be
certified by a licensed Professional Engineer that they are in
compliance with these regulations.
C. Residential driveways shall not have direct access to arterial
streets or State or Federal Highways.
D. collector streets shall be designed to afford easy access to
arterial or other collector streets or for street continuation to
adjoining areas.
E. when a subdivision abuts or contains an existing or proposed
arterial streets the city Engineer may require a frontage roads
or other treatment as may be necessary for adequate protection
of residential properties and to separate arterial and local
traffic. Screen plantings or other means of screening may be
required in areas abutting arterial streets or highways.
F. 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 deternnined with regards to the
requirements of approach grades and future grade separations.
G. All dead-end streets shall terminate in an approved cul-de-sac.
Where a future street extension is proposed, a temporary cul-
de-sac as approved by the Fire chief and city Engineer shall be
Page 38 - Kalispell Subdivision Regulations
provided.
H. Half streets are discouraged but will be reviewed on a case by
case basis and only when there is reasonable assurance that
the adj of =' g right-of-way can be obtained in the foreseeable
future.
I. Horizontal alignment of streets must ensure adequate sight
distances. when street center lines deflect more than five (5)
degrees, construction shall be made by horizontal curves.
TABLE 1
Road Deal*standards for Kcal Subdivision streets
DESIGN STANDARDS
ARTERIAL
COLLECTOR
LOCAL
RURAL �
Minimum Right -of -Way 2
80 ft.
60 ft.
60 ft.
60 ft.
Minimum Pavement 3 34 28ft.4 24 ft.-5
Width
Maximum Grade 8% 8% 8% 8%
Cul-de-sac turnaround:
a. Face of curb radius 45 ft. 45 ft.
b. Minimum outside right -of way radius 5o ft. 50 ft.
C. Maximum length 600 ft. 600 ft
Average net residential density of 1 acre.
2- Terrain and design constraints may dictate greater right-of-way; all road
disturbances must be accommodated
within the right-of-way.
3 Design approved by the city Engineer/ Kalispell Design and, construction
Standards.
4 where parking is allowed on both sides of street, 36 feet minimum roadway
width is needed.
Note: Where density exceeds 8 units/net acre, parking is required
on both sides of street unless overflow/ visitor parking demands
are met elsewhere.
No parking allowed.
J. In minor subdivisions where lot access is provided by existing
Design Standards -- Page 39
streets, City council may require waiver of protest to a special
improvement district (SID) to upgrade the street in lieu of
actual street improvements, in order to avoid upgrading small
sections of existing streets.
K. Street intersections shall meet the following requirements:
1. Streets shall intersect at 90o angles, if topography
permits but in no case shall the angle of intersection be
less than 750 for a m *n i mum distance of 60 feet as
measured along the centerline.
2. No more than two streets may intersect at one point.
3. Two streets meeting a third street from opposite sides
shall meet the same point, or their centerlines shall be
offset at least 125 feet for local roads and 300 feet for
arterials or collectors.
4. Intersections of local streets with major arterials shall be
kept to a m]r�imUM.
5. Hilltop intersections are prohibited, except where no
reasonable alternatives exist. Intersections on local
streets within 100 feet of a hilltop are prohibited.
Intersections on arterial or collector streets within 200
feet of a hilltop are prohibited.
6. Maximum grade of approach to any intersection shall not
exceed 2% for a distance of 60 feet as measured from
edge of travel ways to provide for adequate starting,
stopping and stacking distances.
7. 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.
8. Location of collector and arterial streets shall comply
with the Kalispell City -County Master Plan or any other
major street and highway plan adopted by the Board of
County commissioners and/or the City of Kalispell.
L. Street light installations are required on all streets within the
Page 40 - Kalispell Subdivision Regulations
subdivision.
M. 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
Control Devices".
3.10 ALLEYS:
A. Alleys may be required by the city Council.
B. Alleys, if required, shall be at least 20 feet wide and shall be
open at both ends.
3.11 SIDEWALKS:
A. Sidewalks are required or a cash--in--lieu payment to the City
equivalent to the cost of the sidewalks in instances where
actual sidewalk construction is premature, in the c ity's
opinion, in the following:
1. In all re side ntial subdivisions.
2. In all commercial subdivisions.
3. Whenever a subdivision abuts an arterial or collector street,
along that portion of the: street.
4. In all portions of a subdivision abutting or within one
hundred (100) yards of a school, parr or other public facility
or amenity.
B. Sidewalks shah. be required on both sides of the street.
c . The m i n i m um width of the sidewalk shall be 5 feet.
D . Re side nt ial sidewalks shall be separated from the street by a
boulevard or open space.
3.12 DRAINAGE FACILITIES:
A. The drainage system and facilities required for any surface
runoff affecting the subdivision shall be prepared by a licensed
Professional Engineer and shall meet the minimum m urn standards
of the Montana Department of Environmental Quality and the
City of Kalispell standards For Design And Construction and
are subject to approval by the City Engineer.
B. Streets and roads shall be designed to ensure proper drainage.
Design Standards r- Page 41
C. Curbs and gutters shall be required in all subdivisions. curbs
and gutters of adjoining properties shall be extended to match
the new curb and gutter.
D. culverts or bridges of adequate size shall be provided and
installed by the subdivider where drainage charnels intersect
any street right-of-way or easement. All culverts shall extend
at least across the entire width of the base of the fill; the
amount of backfill to be placed over the culvert and a culverts
capacity shall be determined by a licensed Professional
Engineer. This shall include arrangements for driveway
culverts. Culverts larger than 24" shall have flared ends.
E. The subdivider shall provide suitable drainage facilities for any
surface runoff affecting the subdivision. These facilities shall
be located in street rights -of way or in perpetual easements of
appropriate width and are subject to approval by the city
Engineer.
F. Each culvert or drainage facility shall be designed large enough
to accommodate potential runoff from upstream drainage
areas.
G. Drainage systems shall not discharge into any sanitary sewer
facility.
H . Runoff that is discharged into a stream shall meet the Natural
Resources conservation Service standards and comply with
Mate Department of Environmental Quality, Water Quality
Division, standards. All discharge permits shall be obtained by
the developer.
I. All areas disturbed during development of the subdivision shall
be re -vegetated in accordance with a plan approved by the City
Parrs Director.
3.13 TEMPORARY EROSION AND SEDIMENTATION CONTROL*
During the construction of improvements in the subdivision, the
subdivider shall be responsible for installing temporary erosion and
sedimentation control facilities to control surface runoff. No silt laden
water or excess shall flow to downstream areas or lakes. Such
controls shall be in accordance to the Natural resources
Conservation Service standards, the Kalispell Standards For Design
and construction., and the State Department of Environmental
Page 42 - Kalispell Subdivision Regulations
Quality, water Quality Division.
3 914 WATER SUPPLY SYSTEM:
A. All water supply systems shall comply with the Kalispell
Standards for Design and construction, the Flathead city -
County Health Department, and Montana Department of
Environmental Quality.
B. where the subdivision is within the service area of the city's
municipal grater supply system., the subdivider shall install
complete water system facilities in accordance to the
requirements of the Kalispell standards for Design and
Construction and the Montana Department of Environmental
Quality,.
C. The source of water supply shall be subject to approval by the
City of Kalispell which may also require that any proposed
system meet the Un.ifortn Fire code.
3.1 S SEWAGE TREATMENT SYSTEMS:
A. All sewage treatment systems shall comply with the Kalispell
Standards for Design and construction,, the Flathead city -
county Health Department, and the Montana Department of
Environmental Quality.
B. where the subdivision is within the service area of the city
sanitary sewer system, the subdivider shall install complete
sanitary sewer system facilities in accordance with the
requirements of the Montana Department of Environmental.
Quality and the Kalispell standards For Design and
Construction.
3,16 SOLID WASTE:
A. The subdivider shall assure the provisions for collection and
disposal of solid waste meet the minimum requirements of the
City of Kalispell and the Montana Department of
Environmental Quality.
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.
Resign Standards - Page 43
c . The location and means for solid waste collections and disposal
shall be subject to approval by the city Engineer.
3,17 UTILITIES:
A. All new utilities shall be placed underground. Except for sewer
and water, underground utilities, if placed in the street right --of
way, shall be located between the back of curbs and the right-
of-way lines. Such underground facilities shall be installed
after the street has been brought to grade and before it is
surfaced, to eliminate the necessity for disturbing such
surfacing for the connection of individual services.
B. Utility lines shall be designed by a licensed Professional
Engineer or by the utility firms in cooperation with the
subdivider. All applicable laws, rules and regulations of
appropriate regulatory authority having jurisdiction over such
facilities shall be complied with.
3* 1S EASEMENTS.
A. Easements or right-of-way shall be provided for utilities,
drainage and vehicular or pedestrian access.
B. Utility easements shall be located along side and rear lot lines
wherever necessary.
C. A five (5) foot wide utility easement shall be reserved along the
front lot line and side street lot line of each residential lot. This
shall be reserved for the placement of privately owned
underground utilities'.
D. Utility easements shall be 20 feet wide unless specified
otherwise by a utility company or the City.
E. where a subdivision is traversed by a watercourse drainage
way, channel, irrigation ditch, river or stream, easements are
required to parallel the lines of such watercourse at a sufficient
width to allow for maintenance and stream bank preservation.
l . A rnmvimum easement width of to feet measured from
the high water mark is required on each side of drainage
canals or irrigation ditches for maintenance purposes;
Page 44 - Kalispell Subdivision Regulations
2. A min 'rnum easement width of 50 feet measured from
the high water mark is required on each side of any
perennial river or stream for bank preservation.
E. 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, telegraph, electric power, gas,
cable television, water or sewer service to the public, the right
to the joint use of an easement for the construction,
maintenance, repair, and removal of their lines and other
facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's signature
3.19 PARK LAND
A. Park Dedication Requirements:
1. A subdivider shall dedicate to the city a cash or land
dedication equal to:
a. 11% of the combined area of all land to be divided
into lots 1/2 acre and smaller;
b. 7.5% of the combined area of all land to be divided
into lots above 1 / 2 acre to one acre in size;
C. 5% of the combined area of all land to be divided
into lets above 1 acre to 3 acres in size;
d. 2.5% of the combined area of all land to be divided
into lots above 3 acre to 5 acres in size;
2. where re side ntial densities in a proposed subdivision.
exceed 11,880 square feet per dwelling unit, the
subdivider shall dedicate to the city a cash or land
dedication equal to 0.03 acres per dwelling unit.
3. The City Council, Planning ni n g Board, and Parks and.
Recreation Department, giving due weight and
consideration to the expressed preference of the
subdivider may determine whether the park dedication
must be a land donation, cash donation or a
Design Standards -- Page 45
combination of both. when a combination of land and
cash donation is required, the cash donation may not
exceed the proportional amount covered by the land
donation.
B. Exceptions To Park Dedication:
1. Park dedication shall not be required for:
a. Minor subdivisions;
b. Lots created greater than 5 acres in size;
C. Non-residential lots;
d. A subdivision where lots are not created except
when that subdivision provides permanent
multiple spaces for recreational camping vehicles,
mobile homes or condominiums;
e. Planned Unit Developments or other developments
which propose lands permanently set aside for
park and recreation purposes to meet the needs of
the persons who ultimately resides in the
development and equals or exceeds the dedication
requirements of Subsection A above;
f. where a subdivision provides for long term
protection of critical wildlife habitat; cultural,
historical or natural resources; agricultural
interests or aesthetic values and said area equals
or exceeds the dedication requirements of
Subsection A above;
C. criteria For Parkland Dedication
1. The city council, in consultation with the Planning
Board, Parks and Recreation Department, and the
subdivider, may determine suitable locations for parks
and playgrounds.
2. Land dedicated for park or playground purposes shall be
useable land, shall serve residents of the entire
subdivision, shall be of appropriate shape and size and
shall have convenient access by public or private roads
meeting City standards and specifications. The following
Page 46 - Kalispell Subdivision Regulations
lands shall not be considered appropriate for park
purposes:
a. Average cross slope of the park site is greater than.
20% and more than 10% of the park site has a
cross slope greater than 2 5% ;
b. More than 10% of the park site is swampy or
marshy;
C. Is less than one acre in area;
d. Is an undeveloped open space area within a
subdivision which does not have appropriate size,
dimensions, or access to serve as a park;
e. 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:
l , where, because of size, topography, shape, location, or
other circumstances, the dedication of land for parrs
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. For
the purpose of this section, the fair market value is the
value of undivided, unimproved land.
2. It shall be the responsibility of the subdivider to provide
satisfactory evidence of the fair market value. 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. The appraisal fee
shall be the responsibility of the subdivider.
3. The governing body may use the dedicated money to
acquire, develop or maintain within its jurisdiction parks
or recreational areas or for the purchase of public open
space or conservation easements only if:
a. The park, recreational area, open space or
conservation easement is within a reasonably close
Design Standards -- Page 47
proximity to the proposed subdivision*
b. The City has formally adopted a park plan that
establishes the needs and procedures for use of
the money.
4. The City may not use more than 50% of the dedicated
money for park maintenance.
3, 20 FIRE PROTECTION:
A. All subdivisions shall be planned, designed, constructed, and
maintained so as to rrdnfinize the risk of fire and to permit
effective and efficient suppression of fires.
B. subdivisions with a public water system that are within the five
year service area of the city or within one mile from the
corporate limits of Kalispell, if no such service area has been
established, shall be designed in accordance with the adopted
standards of the city and the distribution system shall be
designed for fire flow capabilities as required by the City and
the Uniform Fire code.
C . The covenants for the subdivision shall include: "All house
numbers will be visible from the road, either at the driveway
entrance or on the house".
D . The City of Kalispell may impose additional requirements which
it may deems necessary based on the consideration of size,
location., density, and nature of the subdivision.
3,21 HIGH FIRS HAZARD AREAS w SPECIAL STAND
Nigh fire hazard areas include heads of drags, excessive slopes,
dense forest growth, or other hazardous wildfire components. For
subdivisions proposed in areas subject to high wildfire hazard as
determined by the U. S. Forest service or the Department of Natural
Resources, Lands Division, within the City or up to one mile beyond
City limits, the following standards shall apply:
A. At least two entrance -exit roads shall be provided to assure
more than one escape route for residents and access routes by
fire fighting vehicles. where an additional access road is
constructed solely for the purpose of providing emergency
access, it may be designed to secondary access standards.
Page 48 -- Kalispell subdivision Regulations
S . Read right-of-way shall be cleared of slash as described in
Appendix G.
C. Building sites shall be prohibited on slopes greater than 30%
and at the apex of 'afire chimneys" (topographic features,
usually drainage ways or swales, which tend to funnel or
otherwise concentrate fire toward the top of steep slopes) .
D. open space, parkland and recreation areas (including green
belts, riding or hiking trails) should be located, where
appropriate, to separate residences and other buildings from
densely forested areas.
E. Covenants of the proposed subdivision shall be amended to
include the following provisions:
1. only Class A and class B fire --rated roofing materials are
allowed.
2. Defensible Space Standards shall be incorporated
around all primary structures, as described in Appendix
G of these Regulations.
3.22 MAIL BOXFS/FACILITIES:
A. A common mail delivery site shall be provided with the design
and location to be approved by the local postmaster of the U.S.
Postal Service. The roadside face of such facility shall be offset
from the edge of the traveled roadway a m n=um of eight feet
and at a nu* r mum a pullout area for at least 2 vehicles shall be
provided.
Manufactured Home Parks,
Recreational Vehicle Parks
and Campgrounds - Page 49
CEUM"ER 4 MANUFACTURED HOME PARKS, RECREATIONAL
VEHICLE PARKS AND CAMPGROUNDS
4.01 SUBUIWSION 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 g 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 PROCEDU
RES:
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 2.04 of these Regulations.
B. Manufactured home parrs, recreational vehicle parrs and
campgrounds comprised of five (5) or less spaces, units or lots,
shall comply with the processing requirements stated in
Sections 2.05 or 2.06.
c . In lieu of filing a fmal plat, the subdivider shall submit to the
Kalispell Planning Department four blue line copies and one
reproducible mylar 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
shover 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
Page 50 - Kalispell subdivision Regulations
be maintained M' 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.
B. 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 Sections
3.06 Lots, 3.07 Blocks and 3.10 Alleys and where modified by
this chapter.
B. The City Council may require:
1. Storage facilities on the lot or in compounds located
within a reasonable distance.
2. A central area storage for parking of boats, trailers or
other recreational vehicles.
3. Landscaping to serve as a buffer between the
development and adjacent properties.
Manufactured Home Parks,
Recreational Vehicle Parks
and Campgrounds - Page 51
4. An off-street area for mail delivery.
S. Sidewalks.
6. curbs and gutters.
7. Street lighting.
S. Management regulations.
4,05 PARS 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 parr or playground.
4.06 ADDITIONAL FIRE PROTEGTION10
O
The development shall be equipped at all times with fire control
equipment in good working order of such type, size and number and
so located within the development as prescribed by the fire
department.
4*07 STREETS:
A. No on -street parking shall be permitted on the entrance street
for a distance of 100 feet from the point of entrance.
B. Streets within the subdivision shall be private unless otherwise
required by the city council and shall comply with the street
design standards in Section 3.09.
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. pS MANUFACTURED HOME PARR STAND
A. Lot requirements:
Page 52 - Kalispell Subdivision Regulations
1. All lots of manufactured home spaces in a 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 rn' =m� �m lot width shall not be less than 50
feet and the ' um 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
manufactured home lot. In addition, guest parking at the
0
H.
I.
J.
Manufactured Home Parks,
Recreational Vehicle Parks
and Campgrounds - Page 53
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.
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.
Manufactured homes to be spirted:
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.
Electrical systems:
All electrical lines serving the subdivision shall be buried
underground and shall be designed and constructed in
accordance to the most recent edition of the "National
Electrical Code".
Oil or propane gas heating:
Where oil or propane gas heating of a manufactured home is
necessary, a fuel storage facility shall be provided on the
manufactured home site not to exceed a three hundred (300)
gallon capacity. Said storage facility shall extend no higher
than six feet above ground level and shall be located and
screened so that it will blend with its surroundings.
K. Gas systems:
All gas systems ser m* g the subdivision shall be designed and
constructed in accordance to the most recent edition of the
"National Fuel Gas Code", the "Standard for the Storage and
Handling of Liquefied Petroleum Gases" and the Uniform Fire
Page 54 - Kalispell Subdivision Regulations
Code.
1. A readily accessible and identifiable shutoff valve
controlling the flow of gas to the entire gas piping system
shall be installed near the point of connection of the
liquefied petroleum gas container.
2. Each manufactured home lot shall have an accessible,
listed gas shutoff installed. Said valve shall not be
located under a ma.nufactured home. whenever a
manufactured home lot outlet is not in use, the shutoff
valve shall be plugged to prevent accidental discharge.
4*09 RECREATIONAL VEHICLE PARK AND CAMPGROUND
STAND
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:
I . A m i* ni* mum 10 feet roadway width shall be provided for
one -moray 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. feet if no on -street parking is proposed;
b. feet if parking is proposed on one side of the street;
C. feet if parking is proposed on both sides of the
street,
d. Minimum centerline curvature radius of 45 feet.
B. Recreational vehicle space:
The lots or recreation vehicle spaces shall meet the following
Manufactured Home Parks,
Recreational Vehicle Parks
and Campgrounds - Page 55
standards:
1. Minimum lot (space) width = 25 feet.
2. M o iomum lot (space) area = 1,500 square feet.
G. 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.
Page 56 - Kalispell Subdivision Regulations
CELAPTER 5 - CONDONIINTUMS
5,01 CONDONEINIM DEVEIA3PMENTS:
All condominium developments are subdivisions subject to the terms
of the Montana Subdivision and Platting Act, except those described
in Paragraphs A, B and C below.
A. The construction of condominium buildings or installation of
related improvements is not subject to subdivision review and
approval procedures if the condomu' u*ums or improvements are
to be constructed in a subdivision approved and fled after duly
11 1973, and if the approval of the subdivision was based on
the anticipated construction of the condominium and
improvements.
B. Conversion of existing structures into condominiums where the
conversion is not intended to circumvent the review and
approval process and where no alterations and additions are
made to existing structures to accommodate conversion of
existing units into condominiums. It is generally assumed that
structures which are structurally complete and occupied for
over three years would qualify as exempt under this provision.
C. The condominium proposal is in conformance with
applicable zoning regulations,
5,02 PROCEDURES.
A. Preliminary approval:
1. If the proposal contains six (6) or more dwelling units, it
shall be reviewed under the procedures contained in
Section 2.05 of these Regulations.
2. If the proposal contains five (5) or fewer dwelling units, it
shall be reviewed in accordance to either Section 2.06 or
2.07 of these Regulations.
B. Final approval:
1. where no division of land takes place in a condominium
development, in lieu of filing a final plat, the subdivider
shall submit to the Kalispell Planning Department four
blue line copies and one reproducible mylar copy of a
plat labeled "Revised Preliminary Plat" conforming to the
requirements for preliminary plats contained in Appendix
Condominiums - Page 57
A along with supplemental information. The revised
preliminary plat shall show all e3dsting and proposed
buildings and structures, streets, parking and
recreational area. The revised preliminary plat shall be
reviewed to assure that it conforms to the approved
preliminary plat and the conditions of approval of the
preliminary plat. The approved revised preliminary plat
shall be maintained in the Kalispell Planning n g Department
and in the Office of the Clerk of the Council, City of
Kalispell, Montana.
2. when a division of land takes place in a condominium
development, the proposal shall be reviewed under
procedures contained in Section 2.07 of these
Regulations.
3. Units within a new or newly constructed condominium
project shall not be sold or occupied until final plat or
revised preliminary plat approval is granted by the city
Council.
5.03 STANDARDS,
A. Condominium developments shall comply with those standards
contained in chapter 3, Design and Improvement Standards,
which the city council deems applicable.
B. Condominium developments shall meet the min0
imum
standards of the Montana Department of Environmental
Quality and Flathead City -County Health Department.
C . Condominium developments shall comply with all the
provisions of the Unit Ownership Act, Sections 70-23-102
through 70- 23--703, M.C.A., as amended.
5.04 IMPROVEMENTS.
A. All required improvements shall be completed in place or an
improvement guarantee in accordance to Chapter S of these
Regulations shall be provided by the subdivider, prior to the
approval of the final plat or revised preliminary plat by the City
Council.
B. No construction of dwelling units shall start until all required
improvements are in place or an improvement guarantee is
provided in accordance to procedures contained in Chapter S of
these Regulations.
Page 58 -- Kalispell Subdivision Regulations
CHAPTER f - MONU"MENTATION
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-- haff inch
diameter by 24 inches in length with a cap not less than one and one -
quarter inch diameter marked in a permanent manner with the name
and/or registration number of the registered land surveyor in charge
of the survey. A. cap of the above dimensions may be set firmly in
concrete.
6.03 Prior to filing any subdivision plat or certificate of survey for record,
the land surveyor shall confirm the location of sufficient monuments
to reasonably assure the perpetuation or re-establishment of any
corner or boundary of re-tracement of the survey. The surveyor shall
clearly identify on the face of the plat or certificate of survey, all
monuments used in the survey, and the description shall be sufficient
to identify the monuments without reference to another record of
survey.
6,04 All monuments must be set prior to filing a plat or certificate of survey
except those monuments which will be disturbed by the installation of
improvements. such monuments may be set subsequent to filing if
the surveyor certifies that they will be set before a specified date.
6.05 The plat or certificate shall clearly show the relationship of all
adjacent monuments of record and the relationship of the
monuments of record to monuments set after filing.
6,06 Monuments not less than three -eights inch in diameter and 18 inches
in length and marked with the name and / or registration number of
the registered land surveyor in charge of the survey, shall be set at
the following locations:
A. At each corner and angle point of all lots, blocks or parcels of
land created.
B. At every point of intersection of the outer boundary of the
subdivision with an existing or created right --of moray line.
C. At every point of curve, point of tangency, point of reversed
curve, or point of compounded curve on each right-of-way line
Monutnentation - Page 59
established.
6*07 When the placement of a required monument at its proper location is
unpractical, 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 monumen.tation shall be confirmed by the land
surveyor if used, and if so confirmed, shall likewise be considered a
monument of record when properly shown and described on the
certificate or plat filed.
6.08 If the land surveyor uses any previously established monument, he
must confirm the location of the monument. If properly confirmed
and shown and described on the filed certificate or plat, such a
monument shall be considered a monument of record.
Page 50 - Kalispell Subdivision Regulations
CELAPTER 7 - ADMINISTRATION
7,01 VARMJNCES.0
A. Hardship:
The City council may grant variances from chapters 3, 4 and 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 nuffifying 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 variances) will not be detrimental to
the public health, safety or general welfare or injurious to
other adjoining properties;
2. The conditions on which the request for a variance(s) is
based are unique to the property on which the variance
is sought and are not applicable generally to other
property;
3. Because of the particular physical surroundings, shape,
or topographical conditions of the specific property
involved, an undue hardship to the owner would result,
as distinguished by a mere inconvenience, if the strict
letter of these Regulations is enforced;
4. The variance(s) will not cause a substantial increase in
public costs; and
5. The variance(s) will not, in any manner, vary the
provisions of any adopted zoning regulations, or Growth
Policy.
B. Procedure:
The subdivider shall include with the submission of the
preliminary plat, a written statement describing the requested
variance and the facts of hardship upon which the request is
based. The planning board and city council shall consider
each requested variance at the public meeting or hearing on
the preliminary plat.
Administration - Page 61
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 variances) and the facts and conditions upon which the
issuance of the variance(s) is based.
7.02 VIOLATION.
The final plat shall be filed for record with the county Clerk and
Recorder before title to the subdivided land can be sold or transferred
in any manner or offered for sale or transfer. 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. 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 is guilty of 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 imprisonrnen.t. 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.
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
Countywide Administrative strative Board.
Page 62 - Kalispell Subdivision Regulations
7.05 AMENDMENT PROCEDURE:
Before the City Council amends these Regulations, they shall hold a
public hearing and shall give public notice of their intent to amend
these Regulations and of the public hearing by publication of notice of
the time and place of the hearing in a newspaper of general
circulation in the city not less than 15 days nor more than 30 days
prior to the date of the hearing. The Council may, at its discretion,
ask for a recommendation from the Planning Board and it may also
direct the Planning Board to hold a public hearing prior to Council
action.
7oO6 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.
Subdivision Improvements Guarantee - Page 63
CELAPTER 8 - SUBD]WISION IMPROVEMENTS GUARANTEE
8.01 IMPROVEMENTS To BE COMPLETED PRIOR To APPROVAL OF
THE FINAL PLAT:
All public improvements required under these Regulations and the
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 required improvements. The
following procedures and requirements shall apply, unless the
completion of improvements is deferred.
8.02 IMPROVEMENT STAND
The City Council shall specify in a subdivision improvements
agreement all the improvements that shall be completed after the final
plat is approved. The City Council shall specify that the
improvements must be constructed to standards included in these
Regulations and the other standards the City Council may adopt.
Those improvements may include streets, roads, bridges, culverts,
curbs, gutters, drainage water systems, sewage systems, sidewalks,
walkways, street lights, street signs, road right-of-way clearings, solid
waste facilities, park and recreational facilities, utilities, and other
improvements as required by the City Council,
8.03 TIME LIMITS:
All public improvements shall be completed within the time schedule
approved by the City Council and stated in the subdivision
improvement agreement. However, in no case shall this period exceed
18 months from the date of approval of the final plat by the City
Council.
8. 04 PROJECTED COSTS:
The subdivider shall submit plans, specifications and cost estimates,
prepared by a registered professional engineer, for the completion of
all remaining improvements. The projected improvements cost shall
be 125% of the current costs for completing the improvements. The
City Council, at its discretion, may require the submitted plans,
specifications and projected costs be reviewed by another registered
professional engineer acceptable to both parties. The costs for such
review shall be borne by the subdivider.
Page 64 - Kalispell Subdivision Regulations
8105 OV EMENT AGREEMENT:
The subdivider shall enter into an improvements agreement with the
City Council. The improvements agreement shall include:
A. A conznitment to complete the improvements within ri the
specified time;
B. The projected costs of the improvements as approved by the
City Council;
C . A guarantee acceptable to the City Council and in a value equal
to the approved projected costs (125% of current cost) of the
improvements; and
D. A warranty against defects in the improvements for a period of
one year from the date of completion and the City Council's
acceptance.
8*06 IMPROVEMENT GUARANTEE,
The subdivider shall provide a guarantee that the improvements will
be satisfactorily completed. The guarantee shall have a value equal to
the projected costs (125% of current cost) of completing the
improvements, as stated in Section 8.04 of this Chapter. The
guarantee shall. specify procedures for the City Council to obtain the
funds, should the subdivider fail to satisfactorily complete the
improvements. The types of guarantees acceptable to the City
Council are described in section 8.10. The method of guarantee shall
be subject to approval of the City Council.
8.07 INSPECTION AND CERTMCATION.0
Upon completion of required improvements, the subdivider shall file
with the City Council a statement certifying that:
A. All required improvements are complete;
B. The improvements are in compliance with the m i ri i mum
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. A schedule of actual construction costs has been filed with the
Subdivision Improvements Guarantee - Page 65
City Council; and
F. All applicable fees and surcharges have been paid.
The subdivider shall also file with the city Council copies of final
construction plans, road profiles, proposed grades, and specifications
for improvements.
The subdivider shall also file with the City Council copies of final as -
built plans, profiles, grades and specifications for improvements.
The subdivider will provide for inspection of all required public
improvements by a registered professional engineer before final plat
approval when installation is a condition of approval, or before the
City Council releases the subdivider from the subdivision
improvements agreement.
Upon completion of the inspection, the inspecting engineer shall file
with the City council a statement either certifying that the
improvements have been completed in the required manner or listing
the defect in those improvements.
Should the subdivider fail to meet the requirements of this section,
the City Council may provide for such inspection and the cost shall be
borne by the subdivider.
8.08 REDUCTION AND RELEASE OF GUARANTEE:
Only after the inspecting engineer certifies that improvements are
complete and free from defect, and after receipt of other statements
detailed above, the City Council shall release the subdivider from the
subdivision improvements agreement.
8.09 FAILURE TO SATISFACTORILY COMPLETE IMPROVEMENTS,
If the City Council determines that any improvements are not
constructed in compliance with the specifications, it shall furnish the
subdivider with a list of specific deficiencies and may withhold
collateral sufficient to ensure proper completion. If the City council
determines that the subdivider will not construct any or all
improvements to required specifications, or within the time limits, it
may withdraw 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.
Page 66 - Kalispell Subdivision Regulations
8 010 ACCEPTABLE FORMS OF EMIPROVEMENTS GUARANTEES.
The subdivider shall provide one or more of the following financial
security guarantees as approved and accepted by the City. The
financial guarantee shall equal the amount of the projected cost of
installing all required improvements as described in Section 8.04.
The City shall reduce the bond requirements commensurate with the
completion of improvements.
A. Escrow account. -
The subdivider shall deposit cash, or collateral readily
convertible to cash at face value, either with the City Council or
in escrow with a bank. The use of collateral other than cash,
and the selection of the bank where the funds are to be
deposited must be approved by the City Council.
Where an escrow account is to be used, the subdivider shall
give the City Council an agreement with the bank guaranteeing
the following:
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 u m m ediately 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 m' an amount equal
to the projected cost, as approved by the City Council, of
completing all required improvements;
. 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
C.
Subdivision Improvements Guarantee - Page 67
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.
Property Escrow:
The subdivider may offer, as a guarantee, land or other
property including corporate stocks or bonds. The value of any
real property to be used, to account for the possibility of a
decline in its value during the guarantee period, shad be
established by a licensed real estate appraiser at the
subdivider's expense. The city Council may reject the use of
property as a collateral when the property value is unstable,
when the property may be difficult to sell, or when other factors
exist which will inhibit the exchange of the property for an
amount of money sufficient to complete the required
improvements.
When property is offered as an improvement guarantee, the
subdivider shall:
1. Make an agreement with an escrow agent, instructing
the agent to release the property to the city council in
the case of default. The agreement shall be placed on file
with the Kalispell office of the clerk of the council and
the County clerk and Recorder.
2. Provide the city council a title policy affirming that the
property to be used as a guarantee is free and clear of
any encumbrances or liens at the time it is to be put in
escrow.
3. Execute and file with the city council an agreement
stating the property to be placed in escrow as are
improvement guarantee will not be used for any other
purpose or pledged as a security for any other matter
until it is released by the city Council.
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
Page G$ - Kalispell subdivision Regulations
casts of the improvements incurred in a prior increment must
be satisfied before development of future increments.
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
re quire d 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 7-1 2-4110,
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 payable to the City of Kalispell. The bond
shall be in effect until the completed improvements are
accepted by the: City Council.
G. Other acceptable guarantee(s):
The City Council, at its discretion, may accept any other
reasonable guarantee not stated herein, to ensure satisfactory
completion of the improvements.
Defmitions -- Page 69
CHAPTER 9 - I3EFIMTIONS
Whenever the following words and phrases appear an these Regulations,
they shall be given meaning attributed to them by this Section. when not
inconsistent with the contest, wards 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.
9101
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 CERTMCATE OF SURVEY:
A drawing of a field survey prepared by a registered land
surveyor for the purpose of disclosing facts pertaining to
boundary locations.
Page 70 - Kalispell Subdivision Regulations
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.
9009 COMMON
That portion of a subdivision which is reserved for the common
use of all residents. Such a use may include: common mail
box facilities, stortnwater management areas, boulevards
and/or infrastructure.
9110 CONDOMINIUMO
A forth of individual ownership with unrestricted right of
disposal of one or more units in a multiple unit project with the
land and all other parts of the project held in common
ownership or use with owners of the other units.
9111 COUNTY;
Flathead county, Montana.
9.12 COUNTY' COMMISSIONER&
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 dome
or shall be done.
Def itions - Page 71
9.14 DEDICATION.
The deliberate appropriation of land by an owner for any
general and public use, reserving no rights to the owner which
are incompatible with the full exercise and enjoyment of the
public use to which the property has been devoted.
9.1 s DEFENSIBLE SPACE:
A designated area around a home or other structure the size of
which is dependent on the vegetation, proximity of tree crowns,
slope and distance to adjacent buildings, within this area all
weeds, dry grass, slash, flammable debris and flammable fuel
is removed. This managed buffer surrounding buildings and
structures is designed to reduce the chances of a fire spreading
to or from the buildings or structures.
9.1 6 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 DMSION 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.
9.1 S IJW ELLINGr UNIT:
One or more rooms designed for, or occupied by, one family for
living or sleeping purposes and containing kitchen and
bathroom facilities for use solely by one family. All rooms
comprising a dwelling unit shall have access through an
interior door to other parts of the dwelling unit.
Page 72 -- Kalispell Subdivision Regulations
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 (Tittle 37, chapter 67,
hll.c.A.) to practice engineering in the State of Montana.
9.21 FA'.'NG LAND SURVEYOR:
A registered land surveyor duly appointed by the governing
body to review, surveys and plats- submitted- for filing.
-122 L60121
9,23 FLGGI3FLAIN:
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 GOVERNINGBODY.
The City Council, City of Kalispell, Flathead County, Montana.
Definitions - Page 73
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 IM PROVEMENT 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 or
property bonds, private or public escrow agreernents, or
similar frhanci"61 guarantees.
9. 29 IMMEDIATE FAMILY.
A spouses children by blood or adoption, and parents.
9.30 IMPROVEMENT :
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, 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:
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
Page 74 - Kalispell Subdivision Regulations
other purpose.
9*33 LOT MEASUREMENT:
A. Lot Depth: The depth (or length) of a lot shad 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
o ppo site to the front property line. where the side
property limes 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.
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
Definitions -- Page 75
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 Zoo 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 j 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 ' al frontage and a
substandard lot width but as the depth increases, side
lot lines rapidly expand to a legal width.
E. Reverse Lot: A lot in which the frontage is reversed from
the general pattern of the area. A reversed frontage lot
may also be a corner lot or an interior lot.
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.
Page 76 - Kalispell Subdivision Regulations
9,35 MANUFACTURED HOME:
Housing built on a chassis designed and constructed for
transportation to a site for installation and use when connected
to required utilities. May also be commonly referred to as
"mobile home" or "modular home".
E 39111 10111FIL1i --ffif tij �4!4 R�2 col J - ps ,6. ��
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.
9.39 MINOR SUBDIVISION:
A subdivision that creates five or fewer lots
9,40 MODULAR HOME:
A structure, transportable m' one or more sections, which is at
least eight feet in width and 32 feet in length, which carries a
Uniform Building code (UBC) Seal of Approval and is designed
to be used as a dwelling unit on a permanent foundation,
connected to the required utilities.
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.
Definitions - Page 77
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.
9. 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 DEVELOP111tENT (PUD):
A land development project consisting of residential clusters,
industrial parks, shopping centers, or office building parrs 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.
9r 4T 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.
Page 78 - Kalispell Subdivision Regulations
B . Final plat:
The final drawing of the subdivision and dedication
required to be prepared for filing for record with the
County Clerk and Recorder and containing all elements
and requirements set forth in these Regulations and the
Montana Subdivision and Flatting Act (Title 76, Chapter
31 M.C.A.).
C. Amended plat:
The final drawing of any change to a platted subdivision
filed with the County Clerk and Recorder required to be
prepared for filing for record with the County Clerk and
Recorder and containing all elements and requirements
set forth in these Regulations and the Montana
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.
WLt
9,50 LIC UTILITY.
A county or consolidated city and county water or sewer
Definitions - Page 79
district, as provided for in Title 7, chapter 13, parts 22 &23
MCA.
9151 RECREATIONAL VEHICLE P
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.
9.5 RECREATIONAL OLE SPACE:
A designated portion of a recreational vehicle park designed for
placement of a single recreational vehicle and the exclusive use
of its occupants.
9153 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 Mate of Montana.
- _ - - - --
_.
. ... .. ..._._
=v
9055 SIDEWALIC
A paved walkway designed to provide for safe and convenient
circulation of pedestrians.
9.5f STATE:
State of Montana.
9,57 STREET TYPES:
For purposes of these Regulations, street types are defined as
follows:
Page So -- Kalispell Subdivision Regulations
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
portion of the street must be located on adjacent
property.
Definitions - Page 81
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
gover=ent 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 resubdivision
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.
Page 82 - Kalispell Subdivision Regulations
9.61 SWALE:
A drainage channel or shallow depression designed to direct
surface grater flow.
9,62 TOWNHOUSE:
A building or structure that has two or more dwelling units
erected in a roar 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.
9.53 TRACE':
Land area proposed to be subdivided.
9 * 4 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.
9,965 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.
a2
Page 84 -- Kalispell Subdivision Regulations
I.
Preliminary Plat Appendix A. - Page 1
"PENDIx A
PRELIM NARY PLAT
CONTENTS OF THE PRELIM NARY PLAT`:
The preliminary plat may be comprised of one (1) or more sheets. Each sheet
shall be either 1 S" x 2 4" or 24" x 36" M' size and shall be drawn to a scale not
less than 200 feet to an inch. The following information shall be shown on
the face of the preliminary plat:
A. Name and location of the subdivision, scale and north point;
B. Location of all section corners or subdivision corners pertinent to the
subdivision boundary;
C . Exterior boundaries of the tract to be subdivided including bearings
and distances sufficient to locate the exact area proposed for
subdivision;
D. All lots and blocks designated by numbers, approximate dimensions
scaled to the nearest foot, and the area of each lot estimated to the
ne are st 0.1 acre;
E. Ground contours for the tract in accordance to the following
requirements:
Where the Average
Slope of the
Entire Site Is
Under 10%
10% - 15%
Over 15%
Contour Intervals
for the Entire
Plat Shall Be
Two (2) feet
Five (5) feet
Ten (10) feet
If a uniform contour interval is not practical, the contour interval may
be changed for steep areas, if such a change is clearly identifiable
through shading or other appropriate graphic technique;
F. All existing and adjoining streets and alleys, avenues, roads and
highway, and width of the right-of-way with existing and proposed
street names and access points from the nearest public roads;
G. Any existing and proposed utilities, utility easements and right--of-way
easements located or proposed to be located on or adjacent to the tract,
including description of their width and purpose;
Page 2 - Kalispell Subdivision Regulations
H. Location, boundaries, dimensions and areas of any parks or areas
dedicated for common or public use;
I. Location and size of existing buildings, structures and improvements, if
to be retained;
J. Designated one hundred year (100-year) flood.way and/or floodplam'
area, if any;
K. Location and size of all natural and environmental features on the site
including rivers, streams, springs, ponds, and lakes.
H, SUPPLEMENTS TO THE PRELBUNARY PLAT:
A. VICINITY MAP(S):
One or more vicinity map(s) showing:
1. Ingress and egress to the subdivision from the adjoining or
nearest public roads;
2. Any rivers, streams or creeks adjoining or in the vicinity of the
proposed subdivision;
3. All tracts, lots or land parcels adjoining the proposed subdivision
together with the name and address of the owner of each tract,
lot or land parcel verified by the county clerk and Recorder or a
title company. where the subdivision abuts a public right-of-
way, or water course less than 150 feet in width, the properties
across such right-of-way or water course shall be considered as
adjacent.
4. Names of any adjoining platted subdivisions and/or numbers of
adjoining certificates of survey on record in the office of the
Clerk and Recorder.
5. Location of any buildings, railroads, power lines, towers, roads,
and other land uses.
6. Any existing or proposed zoning.
E. COMMON AREA MANAGEMENT PLAN:
If any common area is proposed to be part of the subdivision, the
subdivider shall submit a plan for long term management of these
areas. If common property and/or facilities within the subdivision are
Preliminary Plat Appendix A - Page 3
to be maintained by an association of the property owners, the
subdivider shall submit a draft of the restrictions which will govern the
association. These restrictions shall, at a mm* imum, provide that:
1. The property owners association will be formed prior to sale of
any lots within the subdivision;
2. Membership is mandatory for all property owners in the
subdivision;
3. The association is responsible for any liability- insurance,
payment of taxes on common property and maintenance of
common use areas and facilities;
C. ENVIRONMENTAL ASSESSMENT:
An environmental assessment report shall accompany the preliminary
plat, unless exempted pursuant to subsections 1, 2 and 3 of this
section. Appendix "B" of these Regulations provides the format of and
the considerations and criteria to be address in the environmental
assessment.
The requirement for subniitW of the "environmental assessment" shall
be waived when the proposed subdivision is:
I. Totally within a master planning area adopted pursuant to Title
76, Chapter 1, M.C.A., wherein zoning regulations have been
adopted pursuant to Part 3 of chapter 2, Title 76 (or 76--2 -301),
M.C.A. and a. long range development program of public works
projects pursuant to 76-1-601, M.C.A., has been adopted
2. The first minor subdivision created from a tract of recordo
3. In an area for which a master plan has been adopted pursuant
to Chapter 1, Title 76, M.C.A., and the proposed subdivision is in
compliance with the plan, or if the subdivision contains fewer
than ten (10) parcels and less than 20 acres, the Planning Board
may exempt the subdivider from the completion of all or any
portion of the environment assessment. when such an
exemption is granted, the Planning Board shall prepare and
certify a written statement of the reasons for granting the
exemption. A copy of the statement shall accompany the
preliminary plat of the subdivision when it is submitted for
review.
D . PHASED PROJECTS
Page 4 - Kalispell Subdivision Regulations
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, fumy capable of
functioning with all the required improvements in place in the
event the future phases are not completed or completed at a
much latter time.
2. A phasing plan must be submitted which Includes:
a. A preliminary plat that clearly numbers and shows each
individual phase,
b. A time frame for the development of each phase,
C. A street and utility extension plan for each phase. said
plan is premised on the understanding that each phase is
-intended to be free standing on its on merits should
additional phases not occur.
1 As such, certain streets and utility extensions may
be required to be extended beyond a particular
phase for safety and service purposes.
(2) Temporary dead end streets are not allowed. where
a street temporarily dead ends, a temporary cul-de-
sac may be required. If said street exceeds cul-de-
sac standards for length or is critical to the traffic
flow of the area, it may be required to be extended
beyond the immediate phase.
Environmental Assessment Appendix B -- Page 13
Page 14 — Kalispell Subdivision Regulations
APPENDIX C
FINAL PLAT
I. CONTENTS OF THE FINAL PLAT:
A. The final plat submitted for approval shall conform to the preliminary plat
previously reviewed and approved by the city council and shall
incorporate all conditions imposed by the Council at the time of approving
or conditionally approving the preliminary plat.
A final plat may not be approved by the council nor filed by the county
Clerk and recorder unless it complies with the following requirements:
1. Final plats shall be legibly drawn with permanent ink or printed or
reproduced by a process guaranteeing a permanent record and shall
be 24 inches by 36 inches and shall include a 1-1/2 inch margin on
the binding side;
2. whenever more than one sheet must be used to accurately portray
the land subdivided, each sheet must show the number of that sheet
and the total number of sheets included. All certifications shall be
shown or referenced on one sheet.
B. The final plat submitted for approval shall show or contain, on its face or
on separate sheets, referenced on the plat.
1. A title block indicating the quarter sections, section, township,
range, principal meridian and county of the subdivision. The title
plat shall contain the words "plat" and subdivision";
2. Name(s) of the owner(s) of the land surveyed and the names of any
adjoining platted subdivisions and numbers of any adjoining
certificates of survey previously recorded and tied thereto;
3. North point;
4. kale bar (scale shall be sufficient to legibly represent the required
data on the plat submitted for filing) ;
S. All monuments found, set, reset, replaced or removed describing
their kind, size, location and giving other data relating thereto,
Final Plat Appendix c — Page 15
6. Witness monuments, basis for bearing, bearings and length of lines;
7. The bearings, distance and curve data of all perimeter boundary
lines shall be indicated. When the subdivision is bounded by an
irregular shoreline or body of water, the bearings and distances of a
meander traverse shall be given;
S. Data on all curves sufficient to enable the re-establishment of the
curves on the ground. This data shall include;
a. Radius of curve;
b. Arc length.;
C. Notation of non -tangent curves.
9. Lengths of all lines shall be shown to at least tenths of a foot, and all
angles and bearings shown to at least the nearest minute;
10. The location of all section corners or legal subdivision corners of
sections pertinent to the subdivision boundary;
11. All lots and blocks in the subdivision, designated by number, the
dimensions of each lot and block, the area of each lot and the total
acreage of all lots. (excepted parcels marked "Not included in this
Subdivision" or "Not included in this Plat" as appropriate, and the
boundary completely indicated by bearings and distances.
12. All easements, streets, alleys, avenues, roads and highways; their
widths, bearings, the width and purpose of all rights -of -way and the
names of all streets, roads, and highways;
13. The location, dimensions and areas of all pans, common areas and
all other grounds dedicated for public or common use. where cash
has been accepted in lieu of land dedications, it shall be so stated on
the final plat and the amount of cash donated stated thereon;
14. Gross and net acreage of the subdivision;
15. A legal description of the perimeter boundary of the tract
Page 16 -- Kalispell Subdivision Regulations
surveyed;
16. All monuments to be of record must be adequately described and
clearly identified on the plat. where additional monuments are to be
set subsequent to the filing of the plat, the location of such
additional monuments shall be shown by a distinct symbol noted on
the plat. All monuments or other evidence found during re--
tracements that would influence the positions of any corner or
boundary indicated on the plat must be clearly shown;
17. The signature and seal of the registered land surveyor responsible
for the survey. The affixing of his/her seal constitutes a certification
by the surveyor that the final plat has been prepared in confor ar ance
vnth the Montana Subdivision. and Platting Act (Sections 76--3-101
through 76-3- 614, M.C.A.), and the regulations adopted pursuant
thereto;
18. Memorandum of oaths administered pursuant to Section 76-3-405
M . C .A. , has been filed with the County Clerk and Recorder;
19. House numbers (addresses) shall be assigned and shall be so
indicated on each lot.
II. CERTMCA'TION S ON FINAL PLAT.
The following certifications shall appear on the face of the final plat:
A. Certification by the subdivider dedicating streets, parks or playground, or
other public improvements, or stating cash donations in lieu of dedication,
when applicable;
B. Certification by the subdivider allowing usage of the easements for the
purpose designated on the plat;
C. Certification by the licensed land surveyor who prepared the final plat and
related documents;
D . Certification of exa r�, i n � n g land surveyor where applicable;
E . Certification by the City Council expre s sly accepting any dedicated land
and improvements. Acceptance of dedication shall be ineffective without
such certifications
F. Certification by the City Attorney;
Final Plat Appendix G — Page 17
G. certification by the city council that the final subdivision plat is approved,
except where the plat shows changes to a filed subdivision plat which are
exempt from local government review under Section 76-3 -2 o7 (l) (e), M.C.A.
Where an amended plat qualifies for such a waiver the plat must contain a
statement that pursuant to Section 76-3-207( l ))e), M.C.A. y approval by the
local governing body is not required for relocation of common boundary
lines or aggregation of lots.
M. ATTACI3M NT ACCOMPANYING FINAL PLAT:
The following original documents shall be submitted (signed and notarized where
appropriate) when applicable, to the City as part of the final plat application
process. Said original documents must accompany the approved final plat when
filed with the county clerk and Recorder:
A. A cover letter from the subdivider or his agent, listing each specific
condition and elaborating on how that condition was met.
D . certification by a licensed title abstractor showing the names of the owners
of record of land to be subdivided and the names of any lien holders or
claimants of record against the land and the written consent to the
subdivision by the owners of the land, if other than the subdivider, and
any lien holders or claimants of record against the land (must not be over
90 days old at time of Kalispell Pla n n m g Department final plat application
acceptance) .
C. copies of any open space or common area management plan including
copies of articles of incorporation and by-laws for any property owners'
association.
D. certification by the Montana Department of Environmental Quality that it
has approved the plans and specifications for sanitary facilities.
E. certification by the subdivider indicating which required public
improvements have been installed and a copy of any subdivision
improvements agreement securing the future construction of any
additional public improvements to be installed.
F. copies of final plans, profiles, grades and specifications for improvements,
including a complete grading and drainage plan, with the certification of a
registered professional engineer that all required improvements which have
been installed are in conformance with the
Page 18 — Kalispell Subdivision Regulations
attached plans.
G. copy of the state highway permit when a new street or road access will
intersect with a state highway.
H. A certification from the County Treasurer's office stating that all real
property taxes and special assessments assessed and levied on the land to
be subdivided have been paid.
I. A compact disc or other acceptable digital media shall be submitted
containing an electronic file of the plat.
Sample Forms Appendix D -- Page 19
"PEl DEK D
SAMPLE FORMS AND CERTIFICATIONS
I. IRREVOCABLE LETTER OF CREDIT:
Letter of credit No.
Dated:
Expiration Date:
Amount:
Kalispell city council
City of Kalispell
P.O. Box 1997
Kalispell MT 59901
We hereby establish in your favor an irrevocable letter of credit up to the
aggregate amount of $ at the request of (Name of Subdividers .,
If Name of Subdivider fails to complete the specified improvements in the Name
of Subdivi i n within the time period set forth in the attached Improvements
Agreement, we will a on demand your draft or drafts for such funds, to the
�' pay
limit of credit set forth herein, as are required to complete said improvements.
All drafts must indicate the number and date of this letter of credit and be
accompanied by a signed statement of an authorized official that the amount is
drawn to install improvements not installed in conformance with the
Improvements Agreement and specifying the default or defect in question.
All drafts must be presented prior to the expiration date stated above, and this
letter of credit must accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration
date except by your draft or written release.
(Name of Lending Institution)
Signature and Title of Authorized Official)
Page 20 — Sample Forms Appendix D
II, CERTIFICATE OF DEDICATION - FINAL FLAT:
M (we), the undersigned property owner(s), do hereby certify that (4 (we) have
caused to be surveyed, subdivided and platted into lots, blocks, streets and
alleys, as shown by the plat hereto annexed, the following described land in the
City of Kalispell, Montana, to -wit:
(Exterior boundary description of area contained in plat and total
acreage)
The above described tract of land is to be known and designated as Name of
Subdivision, and the lands included in all streets, avenues, alleys, and parrs or
public squares shown on said plat are hereby granted and donated to the use of
the public forever.
Dated this day of , 20
(Acknowledged
signatures of all
platted property.)
M. CONSENT TO DEDICATION BY ENCUMBRANCES, IF ANY:
and notarized
record owners of
(n (We), the undersigned encumbrancer(s), do hereby join in and consent to the
annexed plat and release (my) (our) respective liens, claims and encumbrances as
to any portion of said lands shown on such plat as being dedicated to the use of
the pubic forever.
Dated this day of
, 20
(Acknowledged
signatures of
record.
and notarized
all encumbrances of
IV*
Sample Forms Appendix D — Page 21
CERTIFICATE OF SURVEYOR - FINAL PLAT:
State of Montana )
SS.
County of
I, (Name „ of , , SLuvey�or� , a. registered Land Surveyor do hereby certify that I have
performed the survey shown on the attached plat of Name of Subdivision); that
such survey was made on Date of S ; that said survey is true and complete
as shown and that the monuments found and set are of the character and
occupy the positions shown thereon.
Dated this day of 120
(Seal)
(Signature of Survevor)
Registration No.
Address
V. CERTIFICATE OF FINAL PLAT APPROVAL - CITY:
The City council of the City of Kalispell, Montana, does hereby certify that it has
exa m med this subdivision plat and, having found the same to conform to law,
approves it, and hereby accepts the dedication to public use of any and all lands
shown on this plat as being dedicated to such use, this day of
20 at o'clock.
by (Signature of City Clerk) (SigLiature of Mavor)
City Clerk Mayor
Page 22 ---- Sample Farms Appendix D
VI, CERTIFICATE OF WAIVER OF PARR LAND DEDICATION AND ACCEPTANCE
OF CASK IN LIEU THEREOF:
I, (Name of City. Clerl}, of Kalispell, Montana, do certify that the following order
was made by � the City Council of Kalispell at a meeting thereof held on the
day of , 20 , and entered into the proceedings of said Body to -wit:
"Inasmuch as the dedication of parr land within the platted area of Name of
Subdivision) is undesirable for the reasons set forth in the minutes of this
meeting, it is hereby ordered by the Kalispell City Council that land dedication for
park purposes be waived and that cash in lieu of parr land, in the amount of
dollars ($ }, be accepted in accordance with the previsions of 76-
3-621) M.C.A."
In witness whereof, I have hereunto affixed the seal of The City of Kalispell,
Montana this day of 120
(seal)
(Signature of City Clerk)
VII. CERTIFICATE OF WAIVER OF PARK LAND DEDICATION FOR 111iI11TOR
SUBDIVISION&
I Name of Ci Clerk , City Clerk of Kalispell, Montana, do certify that the
following order was made by the Kalispell City Council at a meeting thereof held
on the day of , 20 , and entered into the proceedings of said
body to wit: "The park land dedication and cash in lieu of land requirements do
not apply as this is a minor subdivision in accordance with 76.3-621 M. C.A. "
VIII, CERTIFICATE AUTHORI ING THE GOVERNING BODY TO WAIVE PARK
DEDICATION USING THE OVER FIVE ACRE EXELION OF THE MONTANA
SUBDIVISION AND PLATTING ACT:
I Name of CitL.Clerk}, City Clerk of Kalispell, Montana, do certify that the
following order was made by the Kalispell City Council at a meeting thereof held
on the day of , 20 , and entered into the proceedings of said
body to wit: "The park land dedication and cash in lieu of land requirements do
not apply as all lots in this subdivision exceed five (5) acres in size in accordance
with 76-3-621 M.C.A."
Sample Farms — Appendix D — Page 23
CERTIFICATE OF RNA NING LAM SURVEYOR WHERE REQUIRED -
FINAL PLAT`:
I, (Name of�Examining Lan.d Surveyor), acting as an Examining Land Surveyor for
itr or Count , Montana, do hereby certify that I have e
y] ed the final plat of
(Name of Subdivisions and find that the survey data shown thereon meet the
conditions set forth by or pursuant to Title 76, Chapter 3, Part 4, M.C.A.
Dated this day of , 20 .
(Seal of Examining Land surveyor)
(Simature
(Name of Serve or
Registration. No.
(City or County)
XI, CERTIFICATE OF FILING BY CLERK AND RECORDER:
STATE OF MONTANA )
ss.
County of 1
File for record this day of , 20 ., at o'clock.
(Signature of Clerk and Recorder
County Clerk and Recorder
Montana
�. CERTIFICATE OF C ]i3NTy u RER:
I hereby certify, pursuant to Section 76- 3-611(1) (b) , M . C .A. , that no real property
taxes and special assessments assessed and levied on the land described below
and encompassed by the proposed (Name of Subdivisions are delinquent:
(legal description of land)
Dated this day of )2 o -.
(Signature of County Treasurer
(seal) Treasurer
County,
Montana
Page 24 -- Sample Forms - Appendix D
III. CERTIFICATE OF WArVER OF PROTEST PARTICIPATION IN SPECIAL
IMPROVEMENT DISTRICT
Waiver of Protest
Participation in Specked Improvement District
(Owner) hereby waives any and all right to protest
which it may have in regards to any attempt to be made by a local
governmental entity, to initiate a Special Improvement District which includes
Subdivision, shown on the plat therefore, for any
of the purposes related to roads, water facilities and systems, and sewer
facilities and systems, set forth in Sections 7--1.2--2102 and 7-12--410 , M. .A.;
provided however that understands that
(he/ she/it/ they) retains the ability to object to the amount of assessment
imposed as a result of the formation of a Special Improvement District,
including the right to object on the basis that the property is not benefited by
the Special Improvement District. agrees
that this covenant shall run to, with and be binding on the title of the real
property described above and shall be binding on the heirs, assigns,
successors in interest, purchasers, and any and all subsequent holders or
owners of the real property shown on the subdivision plat for
Subdivision.
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
SUBD"ION Il"ROVEMENT AGREEMENT
Appendix E - Page 25
THIS AGREEMENT, made and entered into this day of , 20 , by and between
the CITY COUNCIL, CITY OF KALISPELL, MONT.ANA, Party of the First Part and hereinafter referred to as
the CITY, and ,
(Name of Developer)
a
(Individual, Company or Corporation)
located at ,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
ESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
(Name of Subdivision)
located at (Location of
Subdivision)
and.,
WHEREAS, the City has conditioned it's approval of the final plat of
upon the conditions as set forth (Name of
Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in
"Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those
improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of
1 Z5 % of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a
licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
•
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the
Developer hereby agrees as follows:
Page 26 - Appendix E
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as
determined by the City Council, in the amount of . Said Letter of Credit or other
collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the
improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $
completing the required improvements in
(Name of Subdivision)
the estimated cost of
b. That if the Developer fails to complete the specified improvements within the required period, the
creditor will pay to the City immediately, and without further action, such funds as are necessary to
finance the completion of those improvements up to the limited of credit stated in the letter;
2. That said required improvements shall be fully completed by 1,20
3. That upon completion of the required improvements, the Developer shall cause to be fled with the City a
statement c g that:
a. All required improvements are complete;
b. That the improvements are in compliance with the m n * standards specified by the City for their
construction and that the Developer warrants said improvements against any and all defects for a period
of one (1) year from the date of acceptance of the completion of those improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been fled with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications
of said improvements, with the certification of the registered professional engineer responsible for their
preparation that all required improvements have been installed in conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the specifications, it
shall furnish. the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such
compliance. If the City determmines that the Developer will not construct any or all of the improvements m
accordance with the specifications, or within the required time limits, it may
Appendix E — Page 27
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the
Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before
written.
(Name of Subdivision/Developer/Firm)
by
(Title)
STATE OF MONTANA
COUNTY OF
On this day of , 20 , before me, a Notary Public for the State of
Montana, personally appeared , known to me to be the
of whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS W]HER.EOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first
above written.
Notary Public for the State of Montana
Residing at
My Commission Expires
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
Page 28 - Appendix E
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion date and estimated
construction costs.
CHECK. CONSTRUCTION ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( }
Can -Site Sewage
Facilities
Water Systems
Mains
Other }
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping/Boulevard trees
Other
SUBTOTAL
FEES
TOTALS COSTS
TOTAL COLLATERAL (TOTALS COSTS X 1 Z5%)
Appendix F - Page 29
APPENDIX F
GUIDELINES FOR OBTAINING 100- FLOOD ELEVATIONS IN APPROXINUTE
ZONE A DR UNMAPPED AREAS
See Attached.
GUIEDELINES FOR OBTAENING 100-YEAR FLOOD ELEVATIONS
IN APPROXIMATE ZONE A. OR UNMAPPED AREAS
A. Introduction
The items discussed in this document are intended to describe the minimum requirements
needed in order to construct a reasonably reliable hydraulic model. The model is for
determination of the approximate ]base Flood Elevation (BFE) associated with a I oo-year
flood event on a limited reach of floodplain. This determination is needed to obtain a
permit within a Zone A. Also discussed, is items necessary for submittal in order for the
Montana Department of Natural Resources and Conservation (DNRC) to review a
floodplain permit for development within .done As or unmapped flood zones. In the
remainder of this document, the use of Zone A also implies an unmapped area.
The information contained here are guidelines and are not all encompassing. The Mate of
Montana Floodplain Program recognizes that many situations are unique and will require
analyses not covered in this document. If a site is unique and can pose distinct problems,
it is very important that the landowner, surveyor, engineer, and floodplain administrator
meet on the site. If the floodplain administrator will ask for DNRC review, an engineer
within the appropriate DNRC regional office should also be present at the meeting. This
initial visit by all parties concerned will .help insure that work is not wasted on analysis
found insufficient to meet the requirements for issuance of the permit.
A-1. Types of Floodplain Development
There are several types of development within the Zone A that require floodplain hermits.
These include but are not limited to single-family residential, commercial buildings,
subdivision, channelization, irrigation structures, roads, bridges, levees, and other fills.
A single-family residence, of concern, is any built or manufactured home placed in the
Zone A. A permit submitted for this type of structure is either to show the home above
the BFE or to determine the elevation for which the home must be elevated.
A. permit submitted for a commercial building is to show the building above the BFE, or
to determine the elevation for which the building .must be either elevated to or
floodproofed to.
For the purposes of floodplain management, a subdivision is any multiple residence or
commercial building development. As part of the subdivision, if any home, business,
elevated road, fill, or any other development occurs within Zone A, a floodplain permit is
required.
The State of Montana does not allow for the BFE to be increased in excess of 0.5 feet
when construction is completed within the Zone A. Therefore, any channelization,
irrigation structures, roads, bridges, levees, and other fills need to be permitted. You are
encouraged to allow for even less than a 0.5 feet increase if a structure or road will be
affected upstream of the development being permitted.
It needs to be emphasized that a levee must be certified before any development protected
by the levee is removed from the Zone A. Constructing a levee to meet this certification
is expensive and requires periodic maintenance and inspections of the levee. Unless the
levee is certified, there will be no flood insurance premium reduction obtained. Along
the same line, any fill used to elevate homes or businesses must be constructed in
accordance with Federal Emergency Management Agency (FENIA) Guidelines.
A.-2. Steps in BFE Development
Determination of the BFE requires fu-st that a I oo-year discharge be estimated. There
are several methods available to determine this discharge, but regardless of the method,
the flow used will be an estimate. The accuracy and method needed to obtain this
estimate is dependent on the sensitivity required by the activity being permitted. For
example, the 100 -year flow needed to determine the first floor elevation of a home would
require more accuracy than the I oo-year flow needed to ensure that a fill would not raise
the BFE by more than 0.5 feet.
In order to model the 100 -year flow, cross -sections will need to be surveyed and in some
cases a topographic map prepared. For most cases, cross --sections of the streamwill be
sufficient, but in the case of a subdivision, a topographic map along with cross -sections
will be required.
Once the hydrology and cross -sections are completed, a hydraulic analysis is required.
Depending on the type of development and necessary analysis, this hydraulic analysis can
be completed using either the normal depth method or a standard step backwater
methodology -
In the case of subdivisions, once the hydraulic analysis is completed, a topographic base
map showing the flood boundaries should be developed. If the flood boundaries change
significantly from what is shown on the previous Zone A, a conditional letter of map
revision (CLOMR) should be submitted.
If the purpose of the BFE development is for a single residence or business, a temporary
benchmark should be established near the area of construction. If the purpose of BFE
development is to show that the BFE is not increased by more than 0.5 feet, a testament
to this fact should be stated by the engineer as part of the permit.
If the development is planned in an area that exceeds either ') feet per second velocity or
3 feet of depth, a floodway zone, for any development, should be established using
standard step backwater methodology. The floodplain and floodways should be mapped.
No rise of the BFE whatsoever is allowed if the development is within the floodway.
B. Hydrology
If available, 100 -year flood discharges can be obtained from previous work by Federal,
State, or local agencies. If the area of concern is near a highway crossing, the Montana
Department of Transportation (NfDOT) may have computed a 100 -year flow estimate.
This information may be obtained from your county floodplain administrator or direct
from MDOT. If other development has occurred recently in the same area, the county
floodplain administrator may have 100-year flow estimates near your area of concern.
Before using a previous I00-year flow estimate, it is important to determine that
conditions haven't changed significantly, or the methodology used is not inappropriate
for the type of development and specific need that is being; permitted. It should be
explained in the permit application, why a boor -year flow estimate previously approved
was not used.
It needs to be emphasized that this section is not intended to limit ingenuity on the part of
the hydrologist, but it is also important to realize that much more documentation will
need to be submitted, with the permit, if methods used go beyond these guidelines.
If a flow estimate needs to be computed, methods available include use of gage data,
USGS regression equations, localized regression equations, gage data adjusted by USGS
regression equations, or rainfall -runoff models.
B--1. Gage Data
Very seldom will gage data be available for the area of concern. First, the gage must be
on the same stream as being analyzed. Second, the drainage area associated with the
gage site must be within plus or minus 50% of the drainage area for which the analysis is
being completed. If neither of these conditions are met, USGS regression equations are
preferred.
The I00-year discharge can be found at USGS gage locations in "Methods for Estimating
Flood Frequency in Montana Based on Data through water Year 1998," USGS, Water -
Resources Investigations Report 03-4308. If a 100-year estimate is needed that is based
on gage data beyond 1998, it may be found on the USGS Montana District web page.
Often, the area being studied is not at or immediately near the gage site. If this is the
case, the gage data will need to be adjusted using USGS regression equations. These
procedures are explained in Section B-4.
B-2. USGS regression Equations
Presented in the USGS water -Resources Investigations Report 03-4308 are methods for
determining flood -frequency data at unpaged sites. Use of the USGS regression
equations. in this report, is the preferred method to use for engaged streams. The State of
Montana is divided into eight regions, with each region having flood characteristics
reasonably homogeneous. The eight regions are shown in Figure 1. For each region,
there are three different equations that can be used to obtain 100-year flow estimates.
The first method uses basin and climatic characteristics, the second uses active -channel
width, and the third uses bankfull width.
Basin and climatic characteristics found to be significant in some or all of the eight
regions include drainage area (A) in. square miles, mean annual precipitation (P) in
inches, mean basin elevation (E) in feet, percentage of the basin above 6,000 feet (IE6000),
and percentage of basin covered by forest (F). These values, other than P, can be
obtained from suitable -scale USGS quadrangle maps.
Basin and climatic characteristics can be considered causative factors -of flooding,
whereas active -channel width or bankfull width are resultant effects of flooding.
Previous studies conducted by Chuck Parrett of the USGS have shown that regression
equations based on either active -channel width or bankfull width are comparable in
reliability to regression equations based on basin and climatic characteristics. fn fact,
regardless of average standard error of prediction (SEP), 100-year flood estimates using
either channel width method may be more reliable than those using basin and climatic
characteristics if the basin characteristics do not include variables that uniquely affect
flooding at a particular site. on the other hand, channel width equations may not be
reliable for unique geologic conditions such as bedrock channels or streams where the
channel has recently changed as a result of large floods.
The active -channel width (Wac), in feet, is defined on both sides by a break in the
relatively step bank of the active channel to a more gently sloping surface beyond the
channel. The break in slope normally coincides with the lower limit of permanent
vegetation.
The bankfull width (Wbf), in feet, is defined on both sides as the place where the
floodplain and the channel intersect and is usually distinguished by an abrupt change in
slope from near vertical to horizontal.
Shown in Figure ? is a typical cross-section with the locations of the active -channel and
bankfull width shown. A sketch of a plan view of a typical alluvial stream indicating the
best location for measuring either active -channel or bankfull width is shown in Figure 3.
Widths should be measured at two or three locations and averaged before put into the
regression equations. Typically, active -channel width is easier to define on perennial
streams whereas bankfull width is easier to define on ephemeral streams.
it is recommended, that in all regions, the I00-year flow be estimated using a basin
characteristics equation and one of the two channel width methods. The results of these
two different equations should not be averaged giving the results of each methodology
equal weight. In some cases, the results should be compared and one estimate chosen. ft
needs to be emphasized that SBP's shown are average. if the values input into the
regression equations are near the extremes of values used to derive the equations, the SEP
. �..r---�' .,..... _�. ..r�.r.... �.. "_ � `�`• ��� � T� � 'T � _� elf.. • �� ;:z
r� ......�� .. E �-Y: � � .� � �Y• .� '? ter ?�E .`�'�..f �{
•x l7 • '+I
-16
3 ;z ItXf
ar S
k Wr .i1
� R .f
f �► Y vy `r r a4 r,
x r+"
... 1. ;'
14
:ti ,n . <.,q .. �(: V.
am
14
Ar
tz
ja
w 3. .om
4.
41*1
4#Ap,
41
' - '� s i tt
14
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r
• .� � . � :,� K a�'`� fit+ � d#. �... ,i '' -
X
_� : i _ •. tom. it. � {.H`t-' . v `µyt. � � .# , � ,*�. � ._�,..
4M
Tu�= __Y
i r � -- w e
Figure 2 — Typical USGS Stream Cross -Section Showing Active Channel and
Bankbull Widths
Cuter bend,
(may. . be ere
Best locab-c 'for
measuring either
::ague-e#�ann$l or
bankfull .width
4�- Cuter bend.
(may be eroding)
Figure 3 -- Typical USGS Location for Measuring Channel Width
will be larger than the average SEP. The logic behind which estimate is chosen should be
documented in the permit. If average of two different methods is desired, a weighted
average, based on SEP, should be completed. A computer program that enables this
weighted average to be determined is available on the Montana District USGS Web site.
Given below are the basin characteristic equations and channel width equations to use in
each of the eight regions.
B- ?. West .Region
The 100 -year flood (Q100), in cfs, using basin and climatic characteristics is given in
Equation 1.
0 812 106 (l.) Q goo = 18.7A � P � (F+1),0,664 Average SEP is 58.5%
The Q oa using active channel width is given in Equation 2.
(2.) Qloo = 9.57NVac1.45 Average SEP is 69.6%
The Q100 using bankfull width is given in Equation 3.
G
) Q100 = 2.99wbfl.s6 Average SEP is 72.3%
The average annual precipitation (P) can be found in several sources including Water -
Resources Investigations Report 03-4308.
.B-- b. Northwest .Region
The 100- year flood (Qloo), in cfs, using basin and climatic characteristics is given in
Equation 4.
(4.) Q 1 oo = 5 6.4A 0.71 0.403
Average SEP is 40.2%
The Q100 using active channel width is given in Equation 5.
(5.) Q loo = 60.0wac1.19 Average SEP is 86.7%
The Qloo using bankfull width is given in Equation 6.
(6.) Q I oo ? 8.4)Vbf1.29 Average SEP is 94.1 %
The average annual precipitation. (P) can be found in severai sources including Water -
Resources investigations .Report 03w4308.
B-2c. .Northwest Foothills Region
The 100-year flood (Qloo), in cfs, using basin and climatic characteristics is given in
Equation 7.
(7.) Q too = 462A0.537 Average SEP is 61.0%
The Qloo using active channel width is given in Equation 8.
(8.) Q 100 = 297wac0.919 Average SEP is 114%
The Q100 using bankfull width is given in Equation 9.
(9.) Qloo = I24we f1.oz Average SEP is 122%
B- 2d. Northeast Plains Region
The 100--year flood (Qloo), in cfs, using basin and climatic characteristics is given in
Equation 10.
G 0.) Q 100 = 1,190A0.462(E/1000)-1.21 Average SEP is 101 %
The Q 100 using active channe l width is given in Equation 11.
(11.) Qloo = 116Wac"23 Average SEP is 115%
The Q100 using bankfull width is given in Equation 12.
(12.) Qioo = 45.6wefl.30 Average SEP is 136%
B--2e. .fast -Central Plains Region
The 100-year flood (Q100), in cfs, using basin and climatic characteristics is given in
Equation 13.
(1.3.) Q I oo ~ 4,1 .2"oA0.11 4(E/1000)-1.84 Average SEP is 85. 7%
The Q100 using active channel width is given in Equation 14.
(14.) Qloo — 259wac1.08 Average SEP is 102%
The Quo using bankfull width is given in Equation 15.
(15.) Q100=88--) W bf 1-2 Average SEP is 104%
B- 2f. Southeast -Plains Region
The 100 -year flood (Qloo), in cfs, using basin and climatic characteristics is given *in
Equation 16.
(16.) Q Too = 486A0'"1(F+ 1)-0' 212 Average SEP is 91.6%
The Q100 using active channel width is given in Equation 17.
(17.) Q 1 oo = 16, acL09 Average SEP is 74.3%
The Q10() using bankfull width is given in Equation 18.
(18.) Qloo = 52.2Wbfl.I8 Average SEP is 83.6%
B-?g. Upper Yellowstone -Central Mountain Region
The 1 00-year flood (Qloo), in cfs, using basin and climatic characteristics is given in
Equation 19.
(19.) Q l ao = 181 Ao.7o2 (E6000+l) -0.211 Average SEP is 5 6. 8%
The Q100 using active channel width is given in Equation 20.
(20.) Qtoo = 115Waco.914 Average SEP is 88.7%
The Q100 using bankfull width is given in Equation 21.
(21.) Qtoo = 44.4WbfI.09 Average SEP is 92.0%
B-2h. Southwest region
The 1 o0-year flood (Q100), in cfs, using basin and climatic characteristics is given in
Equation 22.
(22.) Q i oo = 3 51 A0.682 (E6oaa+ 1)-0.476 Average SEP is 8 0.3 %
The Q100 using active channel width is given in Equation 23.
(23.) Q,00=41-SWac 1,02 Average SEP is 91.3 %
The Q100 using bankfull width is given in Equation ?4.
? .) Q goo 1 .3 Wbf1.15 Average SEP is 94.1 %
B-3. Localized Regression Equations
There are times when five or more gaging stations exist that can be considered
representative of the area being studied. The suitability of these gages for analysis is not
measured only by proximity to the area being studied but also by similar hydrologic
conditions. often., a hydrologist will want to develop their own regression analysis based
on 100-year flow estimates at these gaging stations. This analysis will either give the
hydrologist more confidence in the results from the USGS equations or cause concern
and further analysis. All localized regression analysis should be submitted with the
permit with an explanation of why gages were selected and what was ascertained from
the analysis.
Localized regression analysis is often completed using basin area as the independent
variable and 100--year flow as the dependent variable. These variables are transformed
into logarithm based 10 and simple linear regression conducted. An example of this
analysis is shown in Figure 4. Use of more than one independent variable for regression
analysis may also be considered. This type of analysis is beyond the scope of this
document.
Discharge -Drayage Ama Curve,
taoao
-Q
G
0
c
03
CL
U- 3600
c�
Z750
m
c�
as
(a
a.
1000
Drainage Area .(Square Miles)
r'#=
i
Figure 4 -- Drainage Area vs. 100--Year Discharge Relationship
B4, . Gage Data Adjusted by USGS Equations
As explained in Section B-1, seldom is a gaging station located in the area being studied.
If a gage is on the same stream and the drainage area associated with the gage within plus
or minus fifty percent of the drainage area for the basin being studied, the I oo-year flog
from the gage can be used with adjustment. The adjustment comes from the exponents of
the USGS regression equations. Only basin area., active channel width, or ban full width
should be used for this analysis. Use of this methodology can best be explained using the
following two examples.
Example 1. A 100 year flow is needed on the Big Hole River. The area of concern has a
drainage area of 2, 000 square miles. Compute the I00 year flood.
As shown in Figure 1, the Big Hole River is in the Southwest Region. There is a
gage near Melrose called "Big Hole River near Melrose."' The computed 100-
year flow at this gage is 17,200 cfs. The basin area at this gage is 2,476 square
miles. The exponent associated with drainage area for the Southwest Region is
given in Equation 22. This exponent is 0.682. Therefore, the 100-year flow for
the Big Hole River with a drainage area of 2,000 is 17,200( 2,00012,476)0.612 —
14,870 cfs.
Example 2. A 100 year flow is need for Ten Mile Creek near Helena. The area of
concern has a drainage area of 20 square miles and an active channel width of 10 feet.
Compute the 100 year flood.
As shown in Figure 1, Ten Mile Creek is in the Southwest Region. There is a
gage near Rimini with a basin area of 30.9 square miles and an active channel
width of 16 feet. The computed 100--year flaw at this gage is 1,240 cfs. The
hydrologist feels that active channel width is the best indicator of 100-year flows
in this area. Since the area of concern is within fifty percent of 30.9 square miles,
the gage information can be used. The exponent associated with active channel
width for the Southwest Region is given in Equation 23. This exponent is 1.02.
Therefore, the 100 -year flow for Ten Mile Creek with an active channel width of
10 feet is 1,? 40(10/ 16)1.02 = 768 efs.
B-5. Rainfall -Runoff Models
Although the use of regional regression equations generally provides more reliable
estimates of 100-year peak discharge than does the use of rainfall -runoff modeling,
rainfall -runoff modeling is the only way to estimate I00-year flood conditions for certain
watershed conditions. These conditions include basins that have seen significant urban
development as a percentage within the basin, basins that have had major fires as a
percentage within the basin, basins that contain significant flood storage, or basins with
independent variables outside the range used to develop the USGS regression equations.
In Montana, the use of rainfall -runoff models can sometimes be justified for streams with
small basin areas. The hydrologist needs to make a decision if the USGS regression
equations may still be appropriate or whether a rainfall -runoff model would give better
results. If the drainage area is less than V square mile, serious consideration should be
given to using the rational method.
It is beyond the scope of these guidelines to list and discuss all .methods available to
complete rainfall -runoff models. If one of these methods is chosen, all assumptions and
calibrated data should be supplied with the permit.
C. Cross -Section Development
For flood studies within Zone A's, the engineer or surveyor will most often need to
obtain cross -sections using a field survey. If a normal depth methodology is used, only
one cross-section will need to be surveyed, otherwise, the document prepared by DNRC
called "Guidelines for Water Course Surveys in Undesignated or Zone A Flood Zones"
should be used. This document can be found on the AMFM website.
A Hydraulics
There are two hydraulic methods available for modeling BFE's along riverine flooding
sources. The normal depth method is easy to apply but has limited application. In fact,
for subdivisions, the normal depth method should not be used. The normal depth method
is also inappropriate to show that development will cause less than 0.5 feet increase of the
BFE. The other method available and most widely used to model BFE's is a step -
backwater analysis. Both methods are discussed in this section.
D--1. Normal Depth Method
Normal depth is the depth expected for a stream when the flow is uniform, steady, one-
dimensional, and is not affected by downstream obstructions or flow changes. For
normal depth to be used, channel bottom slope, water -surface slope, and energy slope
have to be very near parallel. Therefore, any downstream obstruction such as bridges,
irrigation structures, channel chokes, or slope changes can make the method
inappropriate to use. The distance downstream to be checked for these obstructions is
shown in Table 1. The standard formula for determining normal depth at a cross-section
is Manning's formula.
The standard Manning's equations is:
(25.) Q = 1.486ARy3S112/n
Where: Q =Discharge (cfs)
A =Cross -Section area (ft`)
R =Hydraulic radius (ft) = A/WP
WP =Wetted perimeter (ft)
S =Energy slope
n = Manning's roughness coefficient
The cross --section area refers to the area below the water -surface elevation, and the wetted
perimeter refers to the length of the ground surface along the cross-section below the
water -surface elevation. The channel bottom slope is used in lieu of the energy slope.
Manning's "n" values vary depending on the physical features of the stream channel and
the channel overbanks. The results of normal depth calculations can differ significantly
depending on the Manning's "n" values used. Therefore, documentation is needed in
regard to how the value is chosen.
The BFE can be determined by hand but it can be a lengthy trial and error process. In
this day and age, it makes more sense to use available computer programs such as the
public domain software HEC-RAS or private vendor software such as Haestad's Flog
Master.
If the structure within the Zone A is less than two feet above the BFE, serious
consideration should be given to applying a step -backwater method.
D2. Step -Backwater Methods
Step -backwater computations are based on the principle of conservation of energy, which
states that the energy at the upstream cross-section is equal to the energy at the
downstream cross-section plus the losses between the two cross -sections. The tosses
considered in the step -backwater analysis are the friction loss and the transition loss.
Today, step --backwater methods are almost exclusively done using computer programs.
One of the most popular programs is HEC-RAS. If your permit application is reviewed
by DNRC, this is the program that personnel within DNRC are most familiar with. Use
of models other than HECK -RAS will often require much more extensive written
narratives along with oral presentations to DNRC.
If IEC-RAS is used. the Standard Table I should be generated and a hard copy
submitted with the permit application. A disc with HEC-RAS input files or an e-mail
with the input and output files as attachments should also be supplied.
Narratives for the following items should be submitted:
I . Assumed critical depths.
2. Flow through hydraulic structures (photographs also included).
� . Identify all artificial structures such as rip -raped banks.
4. Encroachments used.
5. Determination of starting water surface elevation.
6. Determination of Manning's n values.
7. Any other physical situations that cause water surfaces to rapidly increase or
decrease.
If the purpose for the analysis is to show that development within the Zone A does not
increase the BFE by greater than 0.5 feet, then two models will need to be submitted.
The first model is before development and the second model for after development.
E. Conclusion
Permitting a development within an approximate Zone A area requires a detailed analysis
that is often far more complex than the original analysis completed for mapping. In many
cases, it is in essence, a detailed flood study in a small area within the Zone A.
Therefore, if the DNRC is asked to review the permit, there are many submittals that will
be requested. A checklist is given in Appendix A. In addition, a testament by the PE
should be submitted that states that "in their professional judgment, the BFE or increase
in water surface elevation submitted provides an accurate estimation."
Appendix A
Department of Natural Resources and Conservation
Limited Reach and Approximate A zone Flood Studies
At the request of the community, the DNRC will review an engineering consultant's floodplain
study for a particular property. DNRC engineers will review the study and either accept the
consultant's findings or respond with a list of questions or issues. Consultants are encouraged to
provide sufficient information for DNRC engineers to determine if the methodologies used and
the results attained are reasonable and meet state requirements. where professional judgment has
been used to arrive at intermediate conclusions, please specifically state such in the report. It is
recommended the consultant provide a cover letter and plan sheet addressed to the Community
Floodplain Administrator summarizing the pertinent findings. The flood study report should be
attached as a separate document. To provide guidance, the following checklist has been provided. -
Additional study information is available online at the AMFM website.
Section
Items Re uired/O tional
Project
Brief description of project and study objectives
RQD
Project Location -County, Township, Range, Section
RQD
• Map or aerial photo of project location
RQD
Hydrology
- Summary of available gage sites and discharge estimations
RQD
• Explanation of choice of discharge estimation method
RQD
Computations
RQD
Survey
Benchmark description with datum (NGVD 1929, NAND 1988 or
RQD
reference)
• Plan view showing watercourse, property bounds, cross section locations,
RQD
proposed flood boundaries, benchmarks and any bridges, diversion dams,
levees or other pertinent structures.
• Photocopy of current FIRM at project location with panel number noted
RQD
• Plots of cross sections looking downstream
OPT
• Photos of channel, overbanks and any hydraulic structures
OPT
• Establish temporary benchmark near development
OPT
• Topographic data if flood boundaries are being drawn. Spot elevations or
OPT
contours.
Hydraulics
e Discussion of choice of methodology, Normal Depth, Step Backwater
RQD
(HEC-RAS), Other
• Paper copies of input/output files and 'on disk
RQD
• Discussions of model parameters including Manning's n values, starting
RQD
water surface elevations, flow regime etc.
0 Discussion of any special concerns, bridges, levees, side channels,
RQD
ineffective flow areas etc.
Discussion of model results, model warnings, assumed critical depths
RQD
Results
& Summary
RQD
i BFE at project location
RQD
Maps of floodplain boundary (if required)
P.E. Stamp
RQD
0 Cover Letter to Floodplain Administrator
Page 31 --- Appendix G
APPENDEK G
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Appendix H — Page 33
APPEI DEX H
WAIVER OF ENVIRONMENTAL ASSESSMENT
Pursuant to Section II. c of Appendix A of the Kalispell Subdivision Regulations,
environmental assessments are hereby waived for all major subdivisions which are
within the Kalispell Growth Policy Map and comply with the Map by the Kalispell
Planning Board.