05-96 Title 24A/Subdivision RegulationsOrdinance No. 1238
Adopted May 6, 1996
Prepared by:
Flathead Regional Development Office
723 Fifth Avenue East, Room 414
Kalispell, MT 59901
Telephone: (406) 758-5980
Fax: (406) 758-5781
CHAPTER
1
2
TABLE OF CONTENTS
Table of Contents - Page i
PAGE
GeneralProvisions ............................... 1
Title..................................
1
Authority
.................................. 1
Purpose..................................
I.
Applicability
.................................. 2
Jurisdiction
.................................. 2
Severability
......... I ........................ 2
ApplicationProcedure ............................. 3
Pre -Application Conference .......................... 3
Application and Review Process ....................... 3
Preliminary Plat ................................. 3
Preliminary Plat Process - Major Subdivision ............... 4
Preliminary Plat Process - Minor Subdivision ............... 9
Preliminary Plat Process - Minor Subdivision
Preliminary Plat Waiver ............ 13
Final Plat Process ................................ 14
Correcting or Amending Filed Final Plats ................. 19
Procedure for Subdivisions Created by Lease or Rent
(Condominiums, Manufactured Home Parks,
Campgrounds) .................................. 20
3 Design Standards ................................ 21
Subdivisions to Comply With Design Standards ..............
21
Natural Environment to be Preserved ....................
21
Lands Unsuitable for Subdivision .......................
21
Planning Considerations ............................
22
Floodplain Provisions ..............................
22
Lots..................................
23
Blocks ..................................
24
Access ..................................
25
Streets and Roads - Design Standards ....................
26
Alleys ..................................
28
Sidewalks ..................................
29
Drainage Facilities ................................
29
Temporary Erosion and Sedimentation Control ..............
30
Water Supply System ..............................
30
Sewage Treatment Systems ..........................
30
Page ii - Table of Contents
4
0
0
Solid Waste ..................................
Utilities ..................................
Easements ..................................
Park Land ..................................
Fire Protection ..................................
High Fire Hazard Areas - Special Standards ............... .
Mail Boxes/Facilities ............................. .
31
31
31
32
35
35
36
Manufactured Home Parks, Recreational Vehicle
Parks and Campgrounds ........................... 37
Subdivision Created by Rent or Lease Defined .............. 37
Exemption from Survey and Filing Requirements ............. 37
Procedures .................................. 37
General Standards for Subdivisions Created
by Rent or Lease ............................ 38
Park Land Dedication .............................. 38
Additional Fire Protection ........................... 38
Streets .................................. 38
Manufactured Home Park Standards ..................... 38
Recreational Vehicle Park and Campground Standards .......... 41
Condominiums ................................. 43
Condominium Developments ......................... 43
Procedures ............. I.................... 43
Standards .................................. 44
Improvements .................................. 44
Monumentation................................. 45
Administration ................................. 47
Variances .................................. 47
Violation .................................. 48
Penalty for Violation .............................. 48
Schedule of Fees ................................. 48
Amendment Procedure ............................. 48
Appeals.................................. 49
8 Subdivision Improvements Guarantee ................... 50
Improvements to be Completed Prior to Approval of
the Final Plat .............................. 50
Improvement Standards ............................. 50
9
APPENDIX
A
B
Table of Contents - Page iii
Time Limits .................................. 50
Projected Costs .................................. 50
Improvement Agreement ............................ 50
Improvement Guarantee ............................ 51
Inspection and Certification .......................... 51
Reduction and Release of Guarantee ..................... 52
Failure to Satisfactorily Complete Improvements ............. 52
Acceptable Forms of Improvements Guarantees .............. 52
Definitions.................................. 56
Preliminary Plat ................................ A-1
Contents of the Preliminary Plat ....................... A-1
Supplements to the Preliminary Plat ..................... A-2
Environmental Assessment .......................... A-5
Geology..................................
A-5
Surface Water ..................................
A-5
Vegetation ... I ..............................
A-6
Wildlife ..................................
A-6
Agriculture and Timber Production .....................
A-6
Historical, Archaeological or Cultural Features ..............
A-6
Sewage Treatment ................................
A-7
Water Supply ..................................
A-8
Solid Waste ..................................
A-10
Drainage ..................................
A-10
Roads..................................
A-10
Emergency Services ...............................
A-11
Schools ..................................
A-12
Economic Benefits ................................
A-12
Land Use ..................................
A-12
Parks and Recreation Facilities ........................
A-13
Utilities ..................................
A-13
C Final Plat .................................. A-14
Contents of the Final Plat ........................... A44
Certifications on Final Plat .......................... A-16
Attachments Accompany Final Plat ..................... A-17
Page iv - Table of Contents
IN
1-4
Sample Forms and Certifications ...................... A-18
Irrevocable Letter of Credit ..........................
A-18
Certification of Dedication - Final Plat ...................
A-19
Consent to Dedication by Encumbrances, If Any .............
A-19
Certificate of Surveyor - Final Plat .....................
A-20
Certificate of Final Plat Approval - City ..................
A-20
Certificate of Waiver of Park Land Dedication and
Acceptance of Cash In Lieu Thereof ................
A-21
Certificate of Waiver of Park Land Dedication For Minor
Subdivisions ...............................
A-21
Certificate Authorizing the Governing Body to Waive
Park Land Dedication Using the Over Five (5)
Acre Exemption as Provided for in the Montana
Subdivision and Platting Act .....................
A-21
Certificate of Examining Land Surveyor Where Required -
Final Plat .................................
A-22
Certificate of Filing by Clerk and Recorder ................
A-22
Certificate of County Treasurer ........................
A-22
Subdivision Improvements Agreement .................. A-23
Standards For Flood Hazard Evaluation ................. A-27
G Defensible Space Standards ......................... A-29
CHAPTER 1 - GENERAL PROVISIONS
1.01 TITLE:
General Provisions - Page 1
These Regulations shall be known as the "Subdivision Regulations of the City of
Kalispell, Montana".
1.02 AUTHORITY:
Authorization for these Regulations is contained in the "Montana Subdivision and
Platting Act" (Title 76, Chapter 3, Montana Codes Annotated).
1.03 PURPOSE:
The purpose of these Regulations is to promote the public health, safety, and
general welfare and to provide for:
A. The orderly development of the jurisdictional area;
B. The coordination of roads within subdivided land with other roads, both
existing and planned;
C. The dedication of land for roadways and for public utility easements;
D. The imprt vement of roads;
E. The provision of open spaces for travel, light, air and recreation;
F. The provision of adequate transportation, water, drainage, and sanitary
facilities;
G. The avoidance or minimization of congestion;
H. The avoidance of subdivision which would involve unnecessary
environmental degradation;
I. The avoidance of danger or injury by reason of natural hazard or the lack
of water, drainage, access, transportation or other public services;
J. The avoidance of excessive expenditure of public funds for the supply of
public services;
K. The manner and form of making and filing of any plat for subdivided
lands;
Page 2 - Kalispell Subdivision Regulations
L. The administration of these Regulations by defining the powers and duties
of approving authorities including procedures for the review and approval
of all plats of subdivisions covered by these provisions.
M. The protection of the rights of property owners.
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:
A. Division of land which creates one or more parcels containing less than
160 acres;
B. Resubdivision of previously subdivided land;
C. Condominiums, if not on land divided in compliance with these
Regulations;
D. Manufactured home parks;
E. Recreational vehicle campgrounds;
F. Townhouse developments;
1.05 JURISDICTION:
These Regulations apply to the subdivision of land within the City of Kalispell,
Montana.
If a proposed subdivision lies within three miles of the City of Kalispell, the
Flathead County, Montana, Board of Commissioners must submit the preliminary
plat to the City Council or its designee for review and comment.
These Regulations supplement all other Regulations and where they are in
conflict with other laws, regulations, ordinances or resolutions, the more
restrictive requirements shall apply.
1.06 SEVERABILITY:
If any portion of these Regulations are held invalid, such invalidity shall not
affect other provisions which can be given effect without the invalid portion.
Application Procedure - Page 3
CHAPTER 2 - APPLICATION PROCEDURE
2.01 PRE -APPLICATION CONFERENCE:
Any person intending to subdivide land shall meet and discuss his intentions with
the Director of the Flathead Regional Development Office (FRDO), or staff
planner. In the meeting, the subdivider shall provide information regarding the
location, size, natural features, existing development of the land to be subdivided
as well as the number of lots, type of development, water and sewer systems, and
the ingress and egress being considered. FRDO will advise the landowner about
the recommendations of the Master Plan pertaining to his property, zoning or
any other applicable regulations, availability of public services, access and any
site constraints he may be familiar with. The subdivision application and review
procedure will also be discussed.
2.02 APPLICATION AND REVIEW PROCESS:
The subdivision application and review process is comprised of the following two
phases in accordance to Title 76, Chapter 3, M.C.A.:
A. Preliminary plat.
B. Final plat.
Subdivisions are grouped into three categories for review purposes. Each
category is described and referenced below:
A. Major Subdivision:
A subdivision containing six (6) or more lots/spaces/units, as well as the
second or successive minor subdivision where a cumulative total of six (6)
or more lots/spaces/units is proposed from the original "tract of record"
in existence on October 1, 1993. See Section 2.04.
B. Minor Subdivision:
A subdivision containing five (5) or fewer lots/spaces/units where all
lots/spaces/units have proper access, no land will be dedicated to public
use for parks, and this plat and all previous minor plats proposed from the
original "tract of record" in existence on October 1, 1993 do not exceed
a total of five (5) lots/spaces/units. See Section 2.05.
Page 4 - Kalispell Subdivision Regulations
C. Minor Subdivision - Waiver of Preliminary Plat:
A minor subdivision which, because of its minimal impacts, has the
preliminary plat requirements waived. See Section 2.06.
2.04 PRELIMINARY PLAT PROCESS - MAJOR SUBDIVISION:
A subdivision containing six (6) or more lots/spaces/units, as well as the second
or successive minor subdivision where a cumulative total of six (6) or more
lots/spaces/units is proposed from the original tract of land.
A. APPLICATION:
Complete applications must be received at least 30 days prior to the
Planning Board meeting at which the plat will be presented. The
subdivider shall submit the following to the Flathead Regional
Development Office (FRDO):
1. Preliminary plat application (form available at FRDO).
2. 16 copies of the preliminary plat and one reproducible set of
supplemental information (See Appendix A).
3. Application fee as established by the Countywide Administrative
Board.
4. One reduced copy of the preliminary plat not to exceed 11" by 17"
in size suitable for photocopier use.
B. ACTION BY THE PLANNING STAFF:
Upon receipt of the submitted documents, the FRDO shall review them to
determine their completeness. 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. Upon
receipt of the complete application, the FRDO 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 Director;
2. Set a date for public hearing by the Kalispell City -County Planning
Board. Applications must be received at least 30 days prior to the
Planning Board meeting at which the plat will be presented. The
Application Procedure - Page 5
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 also 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 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, FRDO staff report, comments from other
departments and other supplemental information;
2. Hold public hearing(s) and receive public comments;
3. Prepare and adopt written findings of fact. Such findings of fact
shall be based on the consideration of the following:
a. Effects on agriculture and agricultural water user facilities;
b. Effects on local services;
C. Effects on the natural environment;
d. Effects on wildlife and wildlife habitat;
e. Effects on public health and safety;
Page 6 - Kalispell Subdivision Regulations
f. Conformance with the following:
(1). These regulations;
(2). The City of Kalispell Zoning Ordinance;
(3). The Kalispell City -County Master Plan;
(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 minimize potentially
significant adverse impacts identified above;
b. When requiring conditions of mitigation, the Board shall
consult with the subdivider and shall give due weight and
consideration to the expressed preference of the
subdivider;
C. A subdivision shall not be denied based solely on its
impact on educational services.
5. Forward its recommendation or non -recommendation in writing to
the Kalispell City Council along with three copies of the plat
signed by the President of the Planning Board;
6. Any change in the preliminary plat made by the applicant after
Planning Board action, but before City Council action, will be
reviewed by the City Manager who will determine if the change is
insignificant or substantial.
a. Insignificant changes have minimal impact either on the
scale or scope of the project or on the immediate
neighborhood. The Manager will note the changes and
forward them to the City Council as part of their final
action. This does not preclude the Council from
concluding that the changes are substantial and warrant
Planning Board re -hearing and consideration.
Application Procedure - Page 7
b. Substantial changes potentially impact the scope or scale
of the project or immediate neighborhood. Such changes
may include moving ingress -egress points, increasing the
number of lots, re -arranging five or more lots, relocation
of parking facilities, buildings, etc. The Manager shall
notify the applicant and the FRDO and return the
preliminary plat to the Planning Board for re -hearing and
reconsideration.
C. Any time an applicant proposes substantial changes, the
applicant does so with the understanding that he/she is also
agreeing to extend the minimum 60 day City Council
review period an additional 60 days from the date that the
Planning Board holds a new public hearing and makes a
recommendation.
D. ACTION BY THE CITY COUNCIL:
Upon receipt of the Planning Board recommendation, the City Council
shall:
1. Review the application, Planning Board recommendation, FRDO
report, public comments, and other related information, and
thereupon, shall adopt the written findings of fact as presented by
the Planning Board or make and adopt new written findings of
fact. Such findings shall be based on the following:
a. Effects on agriculture and agricultural water user facilities;
b. Effects on local services;
C. Effects on the natural environment;
d. Effects on wildlife and wildlife habitat;
e. Effects on public health and safety;
f. Conformance with the following:
(1). These regulations;
(2). The City of Kalispell Zoning Ordinance;
(3). The Kalispell City -County Master Plan;
Page 8 - Kalispell Subdivision Regulations
(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 days
of its presentation at the meeting of the Planning Board, 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.
E. CITY COUNCIL APPROVAL:
1. Upon approving the preliminary plat, the Council shall provide the
subdivider with one copy of a dated and signed statement of
approval along with one signed copy of the plat. A signed
approval statement and a signed copy of the plat shall be returned
to the FRDO and the third signed copy of the preliminary plat
shall be retained in the file in the City Manager's office;
2. A positive recommendation may incorporate reasonable conditions
of mitigation to reasonably minimize potentially significant adverse
impacts identified above;
3. If conditions are placed on the preliminary plat, the reason for
imposition of the condition(s), evidence justifying imposition of the
condition(s) and information regarding the appeal process as
provided for in Section 7.06 of these regulations shall also be
provided in writing to the subdivider.
4. When requiring conditions of mitigation, the Council shall consult
with the subdivider and shall give due weight and consideration to
the expressed preference of the subdivider;
5. A subdivider may be required to pay or guarantee payment for
part or all of the costs of extending capital facilities related to
public health and safety, including but not limited to public roads,
sewer lines, water supply lines and storm drains to a subdivision
but the costs must reasonably reflect expected impacts attributable
to the subdivision.
6. The Council may not require a subdivider to pay or guarantee
payment for part or all of the costs of constructing or extending
capital facilities related to education.
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
Application Procedure - Page 9
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;
9. The subdivider shall not proceed with any construction work on
the proposed subdivision, including grading and excavation relating
to public improvements until such time that an approval or
conditional approval is granted by the City Council. Construction
may be commenced upon approval of the preliminary plat subject
to any required conditions of approval. Upon approval of the
preliminary plat, the subdivider may proceed with the preparation
and submission of the final plat for approval by the City Council.
Prior to final plat approval, lots may not be sold - See Section
2.07.
Note: If preliminary plat approved, proceed to Section 2.07,
Final Plat Application.
F. CITY COUNCIL DENIAL:
1. If the City Council denies the preliminary plat it shall forward one
copy of the plat to the subdivider accompanied by a letter from the
City Manager stating the reason for disapproval, evidence
justifying the denial and information regarding the appeal process
provided for in Section 7.06 of these regulations. A subdivision
shall not be denied based solely on its impact on educational
services.
2.05 PRELIMINARY PLAT PROCESS - MINOR SUBDIVISION
A subdivision containing five (5) or fewer lots/spaces/units where all
lots/spaces/units have proper access, no land will be dedicated to public use for
parks, 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.
Page 10 - Kalispell Subdivision Regulations
A. APPLICATION:
The subdivider shall submit the following to the FRDO:
1. Preliminary plat application form available at FRDO;
2. 12 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 Countywide Administrative
Board.
4. One reduced copy of the preliminary plat not to exceed 11 " by 17"
in size suitable for photocopier use.
B. ACTION BY THE PLANNING STAFF:
Upon receipt of the submitted documents, the FRDO shall review them to
determine their completeness. 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. Upon
receipt of the complete application, the FRDO shall:
L Distribute copies of the submitted application for review and
comment to the appropriate departments, agencies and utilities
companies, as deemed necessary by the Planning Director;
2. 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, 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, FRDO
report and other related information and, thereupon, shall prepare
Application Procedure - Page I I
and adopt written findings of fact. Such findings shall be based on
the following criteria:
a. Effects on agriculture and agricultural water user facilities;
b. Effects on local services;
C. Effects on the natural environment;
d. Effects on wildlife and wildlife habitat;
e. Effects on public health and safety;
f. Conformance with the following:
(1). These regulations;
(2). The City of Kalispell Zoning Ordinance;
(3). The Kalispell City -County Master Plan;
(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 days from the date a completed application
was filed with the FRDO unless the subdivider consents to an
extension of the review period in writing.
D. CITY COUNCIL APPROVAL:
1. Upon approving the preliminary plat, the Council shall provide the
subdivider with one copy of a dated and signed statement of
approval along with one signed copy of the plat. A signed
approval statement and a signed copy of the plat shall be returned
to the FRDO, and the third signed copy of the preliminary plat
shall be retained by the City;
2. A positive recommendation may incorporate reasonable conditions
of mitigation to reasonably minimize potentially significant adverse
impacts identified above;
3. If conditions are placed on the preliminary plat, the reason for
imposition of the condition(s), evidence justifying imposition of the
condition(s) and information regarding the appeal process as
Page 12 - Kalispell Subdivision Regulations
provided for in Section 7.06 of these regulations shall also be
provided in writing to the subdivider.
4. When requiring conditions of mitigation, the Council shall consult
with the subdivider and shall give due weight and consideration to
the expressed preference of the subdivider;
5. A subdivider may be required to pay or guarantee payment for
part or all of the costs of extending capital facilities related to
public health and safety, including but not limited to public roads,
sewer lines, water supply lines and storm drains to a subdivision
but the costs must reasonably reflect expected impacts attributable
to the subdivision.
6. The Council may not require a subdivider to pay or guarantee
payment for part or all of the costs of constructing or extending
capital facilities related to education.
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.
8. After the preliminary plat is approved, the City Council may not
impose any additional conditions as prerequisite to final plat
approval providing said approval is obtained within the original or
extended approval period as provided above in Subsection D(7);
9. The subdivider shall not proceed with any construction work on
the proposed subdivision, including grading and excavation relating
to public improvements, until such time that an approval or
conditional approval is granted by the City Council. Construction
may be commenced upon approval of the preliminary plat subject
to any required conditions of approvals. Upon approval or
conditional approval of the preliminary plat, the subdivider may
proceed with the preparation and submission of the final plat for
approval by the City Council. Prior to final plat approval, lots
may not be sold. See Section 2.07.
Note: If preliminary plat is approved, proceed to Section 2.07 -
Final Plat Application.
Application Procedure - Page 13
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.
2.06 PRELIMINARY 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
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 2.07 - Final
Plat Application.
Page 14 - Kalispell Subdivision Regulations
2.07 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 FINAL PLAT SUBMITTALS:
The applicant, as part of the preliminary plat approval, may propose to
delineate on the preliminary plat two or more final plat filing phases and
establish the schedules of the preliminary plat review and approval.
1. Each phase must be free-standing, that is, fully capable of
functioning with all the required improvements in place in the
event the future phases are not completed or completed at a much
later time.
2. If the applicant proposes a phased subdivision, a phasing plan must
be submitted which outlines:
a. A plat delineating each phase and a general time frame for
each phase,
b. Public improvements phasing plan showing which
improvements will be completed with each phase.
3. The preliminary plat of a phased subdivision shall have time
limits:
a. If a subdivision is part of an approved planned unit
development (PUD) which contains a specific phasing plan
complete with time lines, such phasing plan shall be
binding.
b. For all other subdivisions, upon final plat approval of the
first phase, final plats for each successive phase must be
filed within two years of the previous final plat approval.
Failure to meet this time frame will cause the preliminary
plat to void.
Application Procedure - Page 15
4. When phasing was not indicated in the preliminary plat approval,
the applicant shall submit to the FRDO a phasing plan complying
with B(1,2) above and Appendix A, Contents of Preliminary Plat -
II(D) Phased Projects. Said phasing plan shall be approved by the
FRDO (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 City Manager.
C. SALE OF LOTS PRIOR TO FINAL PLAT:
1. A final subdivision plat must be approved and filed for record with
the County Clerk and Recorder before title to the subdivided land
can be sold or transferred in any manner, except after the
preliminary plat of a subdivision has been approved or
conditionally approved, the subdivider may enter into contracts to
sell lots in the proposed subdivision if all of the following
conditions are met:
a. That under the terms of the contracts, the purchasers of
the lots in the proposed subdivision make any payments to
an escrow agent which must be a bank or savings and loan
association chartered to do business in the State of
Montana;
b. That under the terms of the contracts and the escrow
agreement, the payments made by purchasers of lots in the
proposed subdivision may not be distributed by the escrow
agent to the subdivider until the final plat of the
subdivision is filed with the County Clerk and Recorder;
C. That the contracts and the escrow agreement provide that,
if the final plat of the proposed subdivision is not filed
with the County Clerk and Recorder within the period of
the preliminary plat approval, the escrow agent shall
immediately refund to each purchaser any payments made
under the contract;
d. That the contracts contain the following language
conspicuously set out therein: "The real property which
is subject hereof has not been finally platted, and until a
final plat identifying the property has been filed with the
Page 16 - Kalispell Subdivision Regulations
County Clerk and Recorder, title to the property cannot be
transferred in any manner".
D. 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 FRDO 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 FRDO;
b. Application review fee as set by the Countywide
Administrative Board;
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;
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.
E. ACTION BY THE PLANNING OFFICE:
1. The FRDO shall review the submitted plat and documents with
regards to:
a. Compliance with the approved preliminary plat;
Application Procedure - Page 17
b. Compliance with the conditions of approval imposed 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 FRDO determines that the submitted final plat and
attachments are complete and in substantial compliance with l (a-d)
above, it will review and make its recommendation to the City
Council.
3. The City Council must approve the completed final plat application
and recommendation prior to actual expiration of the preliminary
plat.
4. The final plat must conform to the preliminary plat map and
conditions of preliminary plat approval.
a. Insignificant changes which have a minimal impact on the
scale or scope of the project or immediate neighborhood
shall be so noted in the FRDO report to the City Council.
b. Changes which either the Planning Director or the City
Council determines to be substantial shall be returned to
the Planning Board for re -hearing and consideration as
amendments to the original preliminary plat following
procedures outlined in either Sections 2.04 or 2.05.
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.
Page 18 - Kalispell Subdivision Regulations
F. ACTION BY THE CITY COUNCIL:
1. The City Council shall approve the final plat if:
a. The final plat conforms to:
(1). The conditions of approval set forth on the
preliminary plat;
(2). The Montana Subdivision and Platting Act;
(3). The City of Kalispell Subdivision Regulations and
in particular Appendix C;
b. The final plat substantially conforms to the approved
preliminary plat;
C. The subdivider has installed all the required improvements
or has entered into a written subdivision improvements
agreement with the City of Kalispell pursuant to Appendix
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.
5. The City Council shall approve or deny a final plat application
within 30 days after receiving the FRDO 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 FRDO of its approval or denial of
the final plat.
G. 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 Clerk and Recorder.
Application Procedure - Page 19
2.08 CORRECTING OR AMENDING FILED FINAL PLATS:
A. Correcting Filed Final Plats:
Correction of drafting or surveying errors that in the City Council's
opinion will not materially alter the plat, its land division, or the
improvements to less than the standards contained herein, may be made
by the submission of a corrected final plat for the City Council's approval.
The plat shall be entitled "Corrected Plat of the (name of subdivision)
Subdivision" and the reason for the correction shall be stated on the face
of the plat.
B. Amending Filed Final Plats:
1. Changes that materially alter the final plat or any portion thereof
or its land divisions or improvements shall be made by the filing
of an amended plat showing all alterations. Within a platted
subdivision, any division of lots which result in an increase in the
number of lots, or which redesigns or rearranges six or more lots,
must be reviewed and approved by the City Council and an
amended plat must be filed with the County Clerk and Recorder.
2. The amended plat shall be subject to procedural requirements for
major and minor subdivisions (Sections 2.04 through 2.06).
Amended plats shall be subject to all standards 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(1), M.C.A., as amended.
Page 20 - Kalispell Subdivision Regulations
2.09 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, and
condominium 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 2.04, and Chapters 4 or 5 of these
Regulations.
C. Manufactured home parks, recreational vehicle parks and condominium
developments comprised of five (5) or fewer dwelling units, lots, or
spaces shall be reviewed under Sections 2.05 or 2.06 and Chapters 4 or
5 of these Regulations.
Design Standards - Page 21
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 requirek
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 varianc-s to these
design standards are not necessary as long as the provisions of the PUD
process are adhered to under the zoning regulations.
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. Existing trees and other vegetation
shall be preserved where possible. Plantings may be required for buffering,
screening, or soil erosion protection and are subject to approval by the City Parks
Director.
3.03 LANDS UNSUITABLE FOR SUBDIVISION:
Lands where there is evidence of possible 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 water supply, high voltage
lines, high pressure 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.
Page 22 - Kalispell Subdivision Regulations
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 reserved 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 FLOODPLAIN PROVISIONS:
Land located in the floodway of a 100 year flood frequency as defined by Title
75, 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.
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 furnish survey data to the Water Resources
Design Standards - Page 23
Division of the Montana Department of Natural Resources and Conservation.
Survey data shall comply with the Standards of Flood Hazard Evaluation as
contained in Appendix F of these Regulations. After the Water Resources
Division has prepared a report delineating the floodway, the subdivider shall
submit it to the FRDO along with the Environmental Assessment required for the
preliminary plat for evaluation.
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,
Kalispell zoning and floodplain ordinances and these Regulations. The proposed
lots shall meet the following standards:
A. No single lot shall be divided by a municipal boundary line.
B. Each lot shall abut and have access (minimum 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 site
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 (minimum 40 foot by 40 foot square
pad) on existing undisturbed terrain of 30 % or less slope and each
building site must be able to be accessed by a driveway, minimum 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 %, then:
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
Page 24 - Kalispell Subdivision Regulations
shall be approved by the City Engineer as suitable access prior to
the start of combustible construction.
F. Any building pad which exceeds 25 % 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.
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 limitations and opportunities of the
topography.
B. Block lengths shall be not less than 300 feet nor 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 10 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.
Design Standards - Page 25
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:
1. The primary access is over 1,000 feet long, or
2. 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 one access point, shall not qualify as
providing additional, secondary or emergency access.
Page 26 - Kalispell Subdivision Regulations
3.09 STREETS AND ROADS - DESIGN 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
street, 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
determined 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 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 adjoining 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.
Design Standards - Page 27
TABLE 1
Road Design Standards for Local Subdivision Streets
DESIGN STANDARDS ARTERIAL COLLECTOR LOCAL RURAL'
Minimum Right -of -Way a 80 ft. 60 ft. 60 ft. 60 ft.
Minimum Pavement Width 3 3 28 ft.4 24 ft.'
Maximum Grade 6 % 6 %6 6 %6 6 %6
Cul-de-sac turnaround:
a. Face of curb radius 45 ft. 45 ft.
b. Minimum outside right-of-way radius 50 ft. 50 ft.
C. Maximum length 600 ft. 600 ft
1 Average net residential density of 1 acre.
z Terrain and design constraints may dictate greater right-of-way; all road disturbances must be accommodated
within the right-of-way.
s Design approved by the City Engineer/Kalispell Design and Construction Standards.
a 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.
s No parking allowed.
6 Road grades may reach 7 % for distances not to exceed 150 feet per 300 feet of roadway.
J. In minor subdivisions where lot access is provided by existing streets,
City Council may require waiver of protest to a special improvement
district (SID) to upgrade the street in lieu of actual 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 90' angles, if topography permits but in no
case shall the angle of intersection be less than 75" for a minimum
distance of 60 feet as measured along the centerline.
Page 28 - Kalispell Subdivision Regulations
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 minimum.
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 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.
Design Standards - Page 29
3.11 SIDEWALKS:
A. Sidewalks are required on both sides of the street in all residential and
commercial subdivisions.
B. The minimum width of the sidewalk shall be 5 feet.
C. Residential sidewalks shall be separated from the street by a boulevard
or open space unless otherwise approved by the City Council.
3.12 DRAINAGE FACILITIEES:
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 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.
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 channels 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 culvert's 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 State Department of
Page 30 - Kalispell Subdivision Regulations
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 Parks 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 Quality, Water Quality
Division.
3.14 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
water 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
Uniform Fire Code.
3.15 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.
Design Standards - Page 31
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.
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.
3.18 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 or if placed in the street right-of-way, be located between the
back of curb and the right-of-way line.
C. Utility easements shall be 20 feet wide unless specified otherwise by a
utility company or the City.
D. Where a subdivision is traversed by a watercourse drainage way, channel,
ditch or stream, easements or rights -of -way are required to parallel the
lines of such watercourse at a sufficient width to allow for maintenance
and stream bank preservation.
Page 32 - Kalispell Subdivision Regulations
1. A minimum easement width of 10 feet measured from the high
water mark is required on each side of drainage canals or streams
for maintenance purposes;
2. A minimum easement width of 50 feet measured from the high
water mark is required on each side of any perennial river or
stream for river or stream 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
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 lots
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 residential 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.
Design Standards - Page 33
3. The City Council, Planning 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 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
Page 34 - Kalispell Subdivision Regulations
public or private roads meeting City standards and specifications.
The following 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 25 %;
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:
1. Where, because of size, topography, shape, location, or other
circumstances, the dedication of land for parks and playgrounds is
undesirable, the City may, for good cause shown, make an order
to be endorsed and certified on the plat accepting a cash donation
in lieu of the dedication of land that would have been dedicated.
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:
Design Standards - Page 35
a. The park, recreational area, open space or conservation
easement is within a reasonably close 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.
A. All subdivisions shall be planned, designed, constructed, and maintained
so as to minimize the risk of fire and to permit effective and efficient
suppression of fires.
B. 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 Kalsipell may impose additional requirements which it may
deem necessary based on the consideration of size, location, density, and
nature of the subdivision.
3.21 HIGH FIRE HAZARD AREAS - SPECIAL STANDARDS:
High fire hazard areas include heads of draws, 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.
B. Road right-of-way shall be cleared of slash as described in Appendix G.
Page 36 - Kalispell Subdivision Regulations
C. Building sites shall be prohibited on slopes greater than 30 % and at the
apex of "fire 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:
l . 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 BOXESNACILITIES:
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 minimum of eight feet and at a minimum a pullout
area for at least 2 vehicles shall be provided.
Manufactured Home Parks,
Recreational Vehicle Parks
and Campgrounds - Page 37
CHAPTERMANUFACTURED HOME PARKS, RECREATIONAL VEHICLE
PARKS 1 . O.W
4.01 SUBDIVISION CREATED BY RENT OR LEASE DEFINED:
A subdivision created by rent or lease, such as manufactured home parks,
recreation vehicle parks, or campgrounds, is any tract of land divided by renting
or leasing portions thereof. It is owned, however, as one parcel under single
ownership.
t 1' I i I I I I I I I i / 1 a louts j X11111P,4 Dill1
Manufactured home parks, recreation vehicle parks and campgrounds are exempt
from the surveying and filing requirements of the Montana Subdivision and
Platting Act but must be submitted for review and approved by the Kalispell City
Council before portions thereof may be rented or leased. Approval shall be based
upon the criteria and standards included in these Regulations.
4.03 PROCEDURES:
A. Manufactured home parks, recreational vehicle parks and campgrounds
comprised of six (6) or more spaces, units or lots, shall comply with and
shall be processed in accordance to the procedures stated in Section 2.04
of these Regulations.
B. Manufactured home parks, recreational vehicle parks and campgrounds
comprised of five (5) or less spaces, units or lots, shall comply with the
processing requirements stated in Sections 2.05 or 2.06.
C. In lieu of filing a final plat, the subdivider shall submit to the FRDO 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 show all
existing and proposed buildings and structures, streets, parking and
recreational area. The revised preliminary plat shall be reviewed to assure
that it conforms to the approved preliminary plat and the conditions of
approval of the preliminary plat. The approved revised preliminary plat
shall be maintained in the FRDO Office and in the Office of the Clerk of
the Council, City of Kalispell, Montana.
Page 38 - Kalispell Subdivision Regulations
4.04
D. Before any portion of a rental or lease subdivision may be rented or
leased, the subdivider shall have installed all required improvements. In
case of a phased development, unit spaces in each phase shall be rented
or leased only after all improvements pertaining to that phase are
completed. Preliminary plans, profiles, tentative grades and specifications
for proposed improvements shall be submitted to the City for review and
approval prior to the construction of improvements. The City may
provide for inspection of all required improvements in order to assure
conformance with the approved construction plans and specifications.
E. Manufactured home parks, recreational vehicle parks and campgrounds are
required to be licensed by the Montana Department of Environmental
Quality.
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.
4. An off-street area for mail delivery.
5. Sidewalks.
6. Curbs and gutters.
7. Street lighting.
8. Management regulations.
Manufactured Home Parks,
Recreational Vehicle Parks
and Campgrounds - Page 39
4.05 PARK LAND DEDICATION:
The City Council may waive park land dedication and cash donation requirements
if the subdivider agrees to develop at least one -ninth of the area of the
development as park or playground.
4.06 ADDITIONAL FIRE PROTECTION:
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.
A. Lot requirements:
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 minimum lot width shall not be less than 50 feet and
the minimum lot area shall be 5,000 square feet for single -
wide manufactured homes and 6,000 square feet for
double -wide manufactured homes.
Page 40 - Kalispell Subdivision Regulations
B. Minimum standards:
1. All manufactured homes shall be Iocated 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 ratio of one
space for each five lots and vehicle storage parking at the ratio of one
space per each 10 lots shall be provided. Each parking space shall
measure 9 feet by 20 feet.
G. Marking of manufactured home lots:
The limits of each manufactured home lot shall be clearly marked on the
ground by permanent flush stakes, markers or other suitable means.
Location of lot limits on the ground shall be approximately the same as
shown on the approved plans.
Manufactured Home Parks,
Recreational Vehicle Parks
and Campgrounds - Page 41
H. Manufactured homes to be skirted:
Each manufactured home shall be skirted within 60 days after it is moved
upon a lot within the manufactured home park. Said skirting shall be of
a fire resistant material complementary to that of which the manufactured
home exterior is constructed and shall be attached to the manufactured
home.
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 serving 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 Liquified Petroleum Gases"
and the Uniform Fire Code.
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 liquified petroleum gas container.
2. Each manufactured home lot shall have an accessible, listed gas
shutoff installed. Said valve shall not be located under a
manufactured home. Whenever a manufactured home lot outlet is
not in use, the shutoff valve shall be plugged to prevent accidental
discharge.
The provisions of this chapter shall apply to recreational vehicle parks and
campgrounds, except as follows:
Page 42 - Kalispell Subdivision Regulations
A. Roadway width:
The following standards shall govern the roadway widths:
1. A minimum 10 feet roadway width shall be provided for one-way
streets or roads within the park/campground, provided such street:
a. Does not exceed 500 feet in length;
b. Has no on -street parking;
C. Serves 25 or less spaces.
2. Otherwise the following shall apply:
a. 20 feet if no on -street parking is proposed;
b. 28 feet if parking is proposed on one side of the street;
C. 36 feet if parking is proposed on both sides of the street.
d. Minimum centerline curvature radius of 45 feet.
B. Recreational vehicle space:
The lots or recreation vehicle spaces shall meet the following standards:
1. Minimum lot (space) width = 25 feet.
2. Minimum lot (space) area = 1,500 square feet.
C. Distance between recreational vehicles:
The distance between the recreational vehicles shall not be less than 15
feet. This includes any fold -out or pop -out portion or awnings attached
to the vehicle.
Condominiums - Page 43
5.01 CONDOMINIUM DEVELOPMENTS:
All condominium developments are subdivisions subject to the terms of the
Montana Subdivision and Platting Act, except those described in Paragraphs A
and B below.
A. The construction of condominium buildings or installation of related
improvements is not subject to subdivision review and approval
procedures if the condominiums or improvements are to be constructed in
a subdivision approved and filed after July 1, 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.
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 2.04 of these
Regulations.
2. If the proposal contains five (5) or fewer dwelling units, it shall be
reviewed in accordance to either Section 2.05 or 2.06 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 FRDO 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 all existing and proposed buildings and
structures, streets, parking and recreational area. The revised
Page 44 - Kalispell Subdivision Regulations
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 FRDO Office 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 minimum 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.
0000011 1 1
A. All required improvements shall be completed in place or an improvement
guarantee in accordance to Chapter 8 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 8 of these Regulations.
Monumentation - Page 45
CHAPTER 6 - MONUMENTATION
6.01 The terms "Monument" and "Permanent Monument", as used in these
Regulations, shall mean any structure of masonry, metal or other permanent
material placed in the ground, which is exclusively "identifiable" as a monument
to a survey point, expressly placed for surveying reference.
6.02 All permanent control monuments set to control or mark the boundaries of any
division shall be not less than one-half inch diameter by 24 inches in length with
a cap not less than one and one -quarter inch diameter marked in a permanent
manner with the name and/or registration number of the registered land surveyor
in charge of the survey. A cap of the above dimensions may be set firmly in
concrete.
6.03 Prior to filing any subdivision plat or certificate of survey for record, the land
surveyor shall confirm the location of sufficient monuments to reasonably assure
the perpetuation or re-establishment of any corner or boundary of retracement of
the survey. The surveyor shall clearly identify on the face of the plat or
certificate of survey, all monuments used in the survey, and the description shall
be sufficient to identify the monuments without reference to another record of
survey.
6.04 All monuments must be set prior to filing a plat or certificate of survey except
those monuments which will be disturbed by the installation of improvements.
Such monuments may be set subsequent to filing if the surveyor certifies that they
will be set before a specified date.
6.05 The plat or certificate shall clearly show the relationship of all adjacent
monuments of record and the relationship of the monuments of record to
monuments set after filing.
6.06 Monuments not less than three -eights inch in diameter and 18 inches in length and
marked with the name and/or registration number of the registered land surveyor
in charge of the survey, shall be set at the following locations:
A. At each corner and angle point of all lots, blocks or parcels of land
created.
B. At every point of intersection of the outer boundary of the subdivision
with an existing or created right-of-way line.
C. At every point of curve, point of tangency, point of reversed curve, or
point of compounded curve on each right-of-way line established.
Page 46 - Kalispell Subdivision Regulations
6.07 When the placement of a required monument at its proper location is impractical,
the surveyor may set a reference monument near that point. Such a reference
monument has the same status as other monuments of record if its location is
properly shown. Where any point requiring monumentation shall be confirmed
by the land surveyor if used, and if so confirmed, shall likewise be considered a
monument of record when properly shown and described on the certificate or plat
filed.
6.08 If the land surveyor uses any previously established monument, he must confirm
the location of the monument. If properly confirmed and shown and described
on the filed certificate or plat, such a monument shall be considered a monument
of record.
Administration - Page 47
Lailob
Ij' 1 f •
7.01 VARUNCES:
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 nullifying the intent
and purpose of these regulations. The governing body shall not approve
variances unless it makes findings based upon the evidence in each
specific case that:
1. The granting of the variance(s) will not be detrimental to the
public health, safety or general welfare or injurious to other
adjoining properties;
2. The conditions on which the request for a variance(s) is based are
unique to the property on which the variance is sought and are not
applicable generally to other property;
3. Because of the particular physical surroundings, shape, or
topographical conditions of the specific property involved, an
undue hardship to the owner would result, as distinguished by a
mere inconvenience, if the strict letter of these Regulations is
enforced;
4. The variance(s) will not cause a substantial increase in public
costs; and
5. The variance(s) will not, in any manner, vary the provisions of
any adopted zoning regulations, or Master Plan.
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.
Page 48 - Kalispell Subdivision Regulations
C. Conditions:
In granting variances, the City Council may require such conditions as
will, in its judgement, secure substantially the objectives of these
Regulations.
D. Statement of facts:
When any such variance is granted, the motion of approval of the
proposed subdivision shall contain a statement describing the variance(s)
and the facts and conditions upon which the issuance of the variance(s) is
based.
7.02 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 imprisonment. Each sale,
lease or transfer of each separate parcel of land in violation of any provision of
the Montana Subdivision and Platting Act or these Regulations shall be deemed
a separate and distinct offense.
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 Board.
t 1 1 ',•�, 1 ',
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
Administration - Page 49
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.
7.06 APPEALS:
Any final action, decision, or order of the governing body or a regulation adopted
pursuant to these regulations that is arbitrary or capricious is subject to appeal to
District Court. (See Section 76-3 M.C.A.)
Page 50 - Kalispell Subdivision Regulations
CHAPTER 8 - SUBDIVISION IMPROVEMENTS GUARANTEE
8.01 IMPROVEMENTS • BE COMPLETED PRIOR TO• OF 1
FINALPLAT:
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.
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 born by the subdivider.
The subdivider shall enter into an improvements agreement with the City Council.
The improvements agreement shall include:
Subdivision Improvements Guarantee - Page 51
A. A commitment to complete the improvements within 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 CERTIFICATION:
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 minimum standards
specified by the City Council;
C. The subdivider knows of no defects in these improvements;
D. The improvements are free and clear of any encumbrance or liens;
E. A schedule of actual construction costs has been filed with the 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.
Page 52 - Kalispell Subdivision Regulations
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.
�, 1 1 t• • t
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.
8.10 ACCEPTABLE FORMS OF IMPROVEMENTS GUARANTEES:
The subdivider shall provide one or more of the following financial security
guarantees as approved and accepted by the City. 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.
Subdivision Improvements Guarantee - Page 53
Where an escrow account is to be used, the subdivider shall give the City
Council an agreement with the bank guaranteeing the following:
1. That the funds in the escrow account are to be held in trust until
released by the City Council and may not be used or pledged by
the subdivider as security for any other obligation during that
period.
2. That should the subdivider fail to complete the required
improvements, the bank shall immediately make the funds in
escrow available to the City Council for completing these
improvements.
B. Letter of credit:
Subject to City Council approval, the subdivider shall provide the City
Council with a letter of credit from a bank or other reputable institution
or individual certifying the following:
1. That the creditor guarantees funds in an amount equal to the
projected cost, as approved by the City Council, of completing all
required improvements;
2. That if the subdivider fails to complete the specified improvements
3 within the required period, the creditor will immediately pay to the
City of Kalispell upon presentation of a sight draft without further
action, an amount of cash necessary to finance the completion of
those improvements, up to the limit of credit stated in the letter;
3. That the letter of credit may not be withdrawn or reduced in
amount until released by the City Council.
C. 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, shall be established by a licensed real estate appraiser at the
lsubdivider'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
I exchange of the property for an amount of money sufficient to complete
the required improvements.
Page 54 - Kalispell Subdivision Regulations
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 an improvement guarantee will
not be used fo`r 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 costs 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 required improvements will be financed
through a special improvement district created pursuant to Title 7, Chapter
12, M.C.A. The agreement must provide that no lots within the
subdivision will be sold, rented or leased, and no contract for the sale of
lots executed before the improvement distr .ct has been created.
The subdivider, or other owners of the property involved, must also
petition the City Council to create a special improvement district, which
constitutes a waiver by the subdivider or the other owners of the property
of the right to protest or petition against the creation of the district under
Section 7-12-4110, M.C.A. This waiver must be filed with the County
Clerk and Recorder and will be deemed to run with the land.
F. Surety performance bond:
The bond shall be executed by a surety company authorized to do business
in the State of Montana and acceptable as a surety to the City Council and
Subdivision Improvements Guarantee - Page 55
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.
Page 56 - Kalispell Subdivision Regulations
CHAPTER 9 - DEFINITIONS
Whenever the following words and phrases appear in these Regulations, they shall be given
meaning attributed to them by this Section. When not inconsistent with the context, words used
in the present tense shall include the future, the singular shall include the plural and the plural
the singular, the word "shall" is always mandatory, and the work "may" indicates a use of
discretion in making a decision.
9.01 BLOCK:
A group of lots, tracts or parcels bounded by public streets, railroads, natural
features, platted or unplatted lands or a combination thereof.
9.02 CERTIFICATE OF SURVEY:
A drawing of a field survey prepared by a registered land surveyor for the
purpose of disclosing facts pertaining to boundary locations.
9.03 CITY:
The City of Kalispell in Flathead County, Montana.
9.04 CITY COUNCIL:
The City Council of the City of Kalispell, Montana.
9.05 CLERK AND RECORDER:
The Clerk and Recorder for Flathead County, Montana.
r 1 r � 1♦ , a
A form 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.
9.07 COUNTY:
Flathead County, Montana.
9.08 COUNTY COMMISSIONERS:
The Board of County Commissioners of Flathead County, Montana.
Definitions - Page 57
9.09 COVENANT:
An agreement, in writing, of two or more parties by which any one of the parties
pledges to the others that something is done or shall be done.
9.10 DEDICATION:
The deliberate appropriation of land by an owner for any general and public use,
reserving no rights which are incompatible with the full exercise and enjoyment
of the public use to which the property has been donated.
9.11 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.
9.12 DEVELOPER:
Same as Subdivider.
9.13 DIVISION OF LAND:
The segregation of one or more parcels of land from a larger tract or held in
single or undivided ownership by transferring, or contracting to transfer, title to
or possession of a portion of the tract or properly filing a certificate of survey or
subdivision plat establishing the identity of the segregated parcel(s) pursuant to
the Montana Subdivision and Platting Act. Provided that where required by the
Act, the land upon which an improvement is situated has been subdivided in
compliance with the Act, the sale, rent, lease or other conveyance of one or more
parts of a building, structure, or other improvement situated on one or more
parcels of land is not a division of land and is not subject to the terms of the Act.
9.14 DWELLING UNIT:
Any building, or portion thereof, providing complete independent and permanent
living facilities for one family.
9.15 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.
Page 58 - Kalispell Subdivision Regulations
9.16 ENGINEER (REGISTERED PROFESSIONAL ENGINEER):
A person licensed in conformance with the Montana Professional Engineer
Registration Act (Title 37, Chapter 67, M.C.A.) to practice engineering in the
State of Montana.
9.17 EXAMINING LAND SURVEYOR:
A registered land surveyor duly appointed by the governing body to review
surveys and plats submitted for filing.
9.18 FLATHEAD REGIONAL DEVELOPMENT OFFICE (FRDO):
The planning organization for the Cities of Kalispell, Whitefish, Columbia Falls,
and Flathead County.
9.19 FLOODPLAIN:
The area adjoining a watercourse or drainage way which would be covered by the
flood water of - flood of 100 year frequency. A 100 year flood can be expected
to recur on the average of once every 100 years, i.e., a flood of such magnitude
has a one percent change of occurring in any given year.
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.
The City Council, City of Kalispell, Flathead County, Montana.
A "T" shaped turn -around used at the end of a dead end street which provides
three point turn around capability.
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.
Definitions - Page 59
9.24 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.
9.25 LOT:
A parcel, space or other land area created by subdivision for sale, rent, lease or
other purpose.
9.26 LOT MEASUREMENT:
A. Lot Depth: The depth (or length) of a lot shall be:
1. If the front and rear lines are parallel, the shortest distance
between the lines.
2. If the front and rear lines are not parallel, the shortest distance
between the midpoint of the front lot line and the midpoint of the
rear lot line.
3. If the lot is triangular, the shortest distance between the front lot
line and a line parallel to the front lot line, not less than 10 feet
long lying along the rear of the lot but still wholly within the lot.
B. Lot Rear: The rear property line of a lot is that lot line opposite to the
front property line. Where the side property lines of a lot meet in a point,
the rear property line shall be assumed to be a line not less than 10 feet
long, lying within the lot and parallel to the front property line. In the
event that the front property line is a curved line then the rear property
line shall be assumed to be a line not less than 10 feet long, lying within
the lot and parallel to a line tangent to the front property line at its
midpoint.
C. Lot Front: The front property line of a lot shall be determined as follows:
1. Corner Lot: The front property line of a corner lot shall be the
shorter of the two lines adjacent to the streets as platted,
subdivided or laid out. Where the lines are equal, the front line
shall be that line which is obviously the front by reason of the
prevailing custom of the other buildings on the block. If such
front is not evident, then either may be considered the front of the
lot, but not both.
Page 60 - Kalispell Subdivision Regulations
2. Interior Lot: The front property line of an interior lot shall be the
line bounding the street frontage.
3. Through Lot: The front property line of a through lot shall be that
line which is obviously the front by reason of the prevailing
custom of other buildings in the block. Where such front property
line is not obviously evident, the Zoning Administrator shall
determine the front property line. Such a lot over 200 feet deep
shall be considered, for the purpose of this definition, as two lots,
each with its own frontage.
D. Lot Area: The total horizontal area within the confines of the boundary
lines of a lot. Where street easements are located within or bordering a
parcel, lot area computation shall not include that area contained within
the easement.
E. Lot Side: The side property lines of a lot are those lot lines connecting
the front and rear property lines of a lot.
9.27 LOT TYPES:
A. Corner Lot: A lot located at the intersection of two streets.
B. Interior Lot: A lot with frontage on only one street.
C. Irregular Lot (Flag Lot): An irregularly shaped lot typified by being
almost entirely land -locked and having limited access and/or no direct
frontage. Access to a public or private street is typically by an extended
strip of land either deeded or by easement.
D. Irregular Lot (Pie Lot): An irregularly shaped lot which at the front lot
line contains minimal frontage and a substandard lot width but as the
depth increases, side lot lines rapidly expand to a legal width.
E. 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.
Definitions - Page 61
9.28 MANUFACTURED HOME:
Housing built on a cha :sis 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".
9.29 MANUFACTURED HOME LOT:
- A designated portion of a manufactured home park designed for the
accommodation of one manufactured home and its accessory buildings or
structures for the exclusive use of the occupants.
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An area designed for and occupied by two or more manufactured homes for lease
or rent to the general public and which may be utilized for living purposes either
permanent, seasonal or both.
9.31 MASTER PLAN:
Also known as the Comprehensive Plan, it is a general long-range plan officially
adopted for the Kalispell City -County Planning Jurisdiction in Flathead County,
Montana.
A structure, transportable in 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.
9.33 MONUMENT (PERMANENT MONUMENT):
A structure of masonry, metal or other permanent material placed in the ground,
which is exclusively identifiable as a monument to a survey point, expressly
placed for surveying reference.
9.34 OPEN SPACE:
A land or water area devoid of buildings and other physical structures except
where accessory to the provision of recreation. Any area used for parking or
maneuvering of automobile vehicles or storage of equipment or refuse shall not
be deemed open space.
Page 62 - Kalispell Subdivision Regulations
9.35 OVERALL DEVELOPMENT PLAN:
The plan for a subdivision design for a single tract proposed to be subdivided in
stages.
9.36 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.
9.37 PLANNED UNIT DEVELOPMENT (PUD):
A tract of land developed as an integrated unit. The development is unique and
is based on a plan which allows for flexibility of use, design, setting and density
not otherwise possible under the prevailing regulations.
The Kalispell City -County Planning Board, formed pursuant to Title 76, Chapter
1, M.C.A.
9.39 PLAT:
A graphic representation of a subdivision prepared by a licensed Montana
surveyor showing the division of land into lots, parcels, blocks, streets, alleys,
and other divisions and dedications:
A. Preliminary plat:
A neat and scaled drawing of a proposed subdivision showing the layout
of streets, alleys, lots, blocks, and other elements of a subdivision which
furnishes a basis for review by the governing body.
B. Final plat:
The final drawing of the subdivision and dedication required to be
prepared for filing for record with the County Clerk and Recorder and
containing all elements and requirements set forth in these Regulations and
the Montana Subdivision and Platting Act (Title 76, Chapter 3, M.C.A.).
C. Amended plat:
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
Definitions - Page 63
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 vacated either in whole or in part as provided by
7-5-2501, 7-5-2502, subsections (1) and (2) of 7-14-2616, 7-14-2617,
subsections (1) and (2) of 7-214-4114, and 7-14-4115 .
9.40 RECREATIONAL VEHICLE PARK:
A place used for public camping where persons can rent space to park individual
camping trailers, pick-up campers, motor homes, travel trailers, or automobiles
for transient dwelling purposes.
9.41 RECREATIONAL VEHICLE SPACE:
A designated portion of a recreational vehicle park designed for placement of a
single recreational vehicle and the exclusive use of its occupants.
9.42 REGISTERED LAND SURVEYOR:
A person licensed in conformance with the Montana Professional Engineers'
Registration Act (Title 37, Chapter 67, M.C.A.) to practice surveying in the State
of Montana.
9.43 RIGHT-OF-WAY:
A strip of land dedicated or acquired for use as a public way.
9.44 SIDEWALK:
A paved walkway designed to provide for safe and convenient circulation of
pedestrians.
9.45 STATE:
State of Montana.
Page 64 - Kalispell Subdivision Regulations
9.46 STREET TYPES:
For purposes of these Regulations, street types are defined as follows:
A. Alley:
A service way, open to public travel and dedicated to public use, affording
a secondary means of vehicular access to abutting property and not
intended for general traffic circulation.
B. Arterial:
A street or road having the primary function of moving traffic and the
secondary function of providing access to adjacent land. Arterials
generally carry relatively large volumes of traffic. Arterials have two to
four lanes of traffic and provide limited access to abutting property.
C. Collector:
A street or road having the equally important functions of moving traffic
and 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 65
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.
9.47 SUBDIVIDER:
Any person, firm or corporation, or other entity who causes land to be subdivided
or who proposes a subdivision of land.
9.48 SUBDIVISION:
A division of land or land so divided, which creates one or more parcels
containing less than 160 acres, exclusive of public roadways, in order that the
title to or possession of the parcels may be sold, rented, leased or otherwise
conveyed, and shall include any resubdivision and shall further include any
condominium or area, regardless of its size, which provides or will provide
multiple space for recreational camping vehicles, or manufactured homes. A
subdivision shall comprise only those parcels less than 160 acres which have been
segregated from the original tract, and the plat thereof shall show all such parcels
whether contiguous or not. Provided, however, condominiums constructed on
land divided in compliance with the Montana Subdivision and Platting Act are
exempt from the provisions of the Act.
Page 66 - Kalispell Subdivision Regulations
9.49 SWALE:
A drainage channel or shallow depression designed to direct surface water flow.
9.50 TOWNHOUSE:
A building or structure that has two or more dwelling units erected in a row as
a single building, and where the owner of each unit may exclusively own the land
underneath the unit in addition to jointly owning the common areas in the
development.
9.51 TRACT:
Land area proposed to be subdivided.
t
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.
9.53 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.
10
Appendix - Page A-1
1,M
PRELIMINARY PLAT
CONTENTS OF THE PRELIMINARY PLAT:
The preliminary plat may be comprised of one (1) or more sheets. Each sheet
shall be either 18" x 24" or 24" x 36" in size and shall be drawn to a scale not
less than 200 feet to an inch. The following information shall be shown on the
face of the preliminary plat:
A. Name and location of the subdivision, scale and northpoint;
B. Location of all section corners or subdivision corners pertinent to the
subdivision boundary;
C. Exterior boundaries of the tract to be subdivided including bearings and
distances sufficient to locate the exact area proposed for subdivision;
D. All lots and blocks designated by numbers, approximate dimensions scaled
to the nearest foot, and the area of each lot estimated to the nearest 0.1
acre;
E. Ground contours for the tract in accordance to the following requirements:
Where the Average Contour Intervals
Slope of the for the Entire
Entire Site Is Plat Shall Be
Under 10 %
10 % - 15 %
Over 15 %
Two (2) feet
Five (5) feet
Ten (M) 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 A-2 - Appendix
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) floodway and/or floodplain area,
if any;
K. Location and size of all natural and environmental features on the site
including rivers, streams, springs, ponds, and lakes.
1 if U 1 t1 •' I I '
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.
B. COMMON AREA MANAGEMENT PLAN:
If any common area is proposed to be part of the subdivision, the
subdivider shall submit a plan for long term management of these areas.
If common property and/or facilities within the subdivision is to be
Appendix - Page A-3
maintained by an association of the property owners, the subdivider shall
submit a draft of the restrictions which will govern the association. These
restrictions shall, at a minimum, provide that:
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 submittal of the "environmental assessment" shall be
waived when the proposed subdivision is:
1. 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 record;
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.
Page A-4 - Appendix
D. PHASED PROJECTS:
The applicant, as part of the preliminary plat approval, may propose to
delineate on the preliminary plat two or more final plat filing phases and
establish the schedules of the preliminary plat review and approval.
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
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.
Appendix - Page A-5
ENVIRONMENTAL ASSESSMENT
GENERAL INSTRUCTIONS
This Environmental Assessment format shall be used by the applicant as a guide in compiling
a thorough description of the potential impacts for the proposed subdivision. Each question
pertinent to the proposal must be addressed in full (both maps and text); those questions not
applicable shall be so stated. Incomplete Environmental Assessments will not be accepted.
The sources of information for each section of the Assessment shall be identified. All
Environmental Assessments shall contain the signature, date of signature and mailing address
of the owner of the property and the person, or persons, preparing the report.
I. GEOLOGY:
A. Locate on a copy of the preliminary plat:
1. Any known hazards affecting the development which could result in
property damage or personal injury due to:
a. Falls, slides or slumps - soil, rock, mud, snow.
b. Any rock outcropping.
B. Describe any proposed measures to prevent or reduce the danger of property
damage or personal injury from any of these hazards.
H. SURFACE WATER:
Locate on a copy of the preliminary plat:
A. Any natural water systems such as streams, rivers, intermittent streams, lakes or
marshes (also indicate the names and sizes of each).
B. Any artificial water systems such as canals, ditches, aqueducts, reservoirs and
irrigation systems (also indicate the names, sizes and present uses of each).
C. Any areas subject to flood hazard, or if available, 100-year floodplain maps
(using best available information).
Page A-6 - Appendix
III. VEGETATION:
A. Locate on a copy of the preliminary plat the major vegetation types within the
subdivision (e.g., marsh, grassland, shrub and forest).
B. Describe the amount of vegetation that is to be removed, or cleaned, from the
site, and state the reasons for such removal.
C. Describe any proposed measures to be taken to protect vegetative cover.
A. What major species of fish and wildlife, if any, use the area to be affected by the
proposed subdivision?
B. Locate on a copy of the preliminary plat any known important wildlife areas,
such as big game winter range, waterfowl nesting areas, habitat for rare and
endangered species and wetlands.
C. Describe any proposed measures to protect wildlife habitat or to minimize habitat
degradation.
A. State the acreage, type and agricultural classifications of soils on the site.
B. State the history of production of this site by crop type and yield.
C. State the historical current agricultural uses which occur adjacent to the site.
D. Explain any steps which will be taken to avoid or limit development conflicts with
adjacent agricultural uses.
E. If the site is timbered, state any timber management recommendations which may
have been suggested or implemented by the U.S.D.A. Division of Forestry in the
area of this proposal.
VI. HISTORICAL, ARCHAEOLOGICAL OR CULTURAL FEATURES:
A. Locate on a copy of the preliminary plat any known or possible historic,
archaeological or cultured sites which exist on or near the site.
B. Describe any known or possible sites delineated on the preliminary plat.
C. Describe any measures that will be taken to protect such sites or properties.
Appendix - Page A-7
VII. SEWAGE TREATMENT:
A. Where individual sewage treatment systems are proposed for each parcel:
1. Indicate the distance to the nearest public or community sewage treatment
system.
2. Provide as attachments:
a. Two (2) copies of the plat which show the proposed suitable
location on each lot for a subsurface treatment system and a 100 %
replacement area for the subsurface treatment system. Show the
location of neighboring wells and subsurface treatment systems and
the distances to each.
b. The results of percolation tests performed in representative areas
for drainfields in accordance with the most recent DEQ Bulletin.
Each percolation test shall be keyed by a number on a copy of the
plat with the information and results provided in the report. The
number of preliminary percolation tests required shall be one-
fourth (1/4) of the total number of proposed lots and these tests
shall be performed in the different soil types, or evenly spaced
throughout the subdivision in the absence of soil variability.
C. A detailed soils description for the area shall be obtained from test
holes at least seven (7) feet in depth. The number of test holes
will depend upon the variability of the soils. The U.S.
Department of Agriculture's "Soils Classification System" shall be
used in the descriptions. Information on the internal and surface
drainage characteristics shall be included. Each test hole shall be
keyed by a number on a copy of the plat with the information
provided for in the report.
d. A description of the following physical conditions:
(1). Depth to groundwater at time of year when water table is
nearest the surface and how this information was obtained.
(2). Minimum depth to bedrock or other impervious material,
and how this information was obtained.
B. For a proposed public or community sewage treatment system:
1. Estimate the average number of gallons of sewage generated per day by
the subdivision when fully developed.
Page A-8 - Appendix
2. Where an existing system is to be used:
a. Identify the system and the person, firm or agency responsible for
its operation and maintenance.
b. Indicate the system's capacity to handle additional use and its
distance from the development.
C. Provide evidence that permission to connect has been granted.
3. Where a new system is proposed:
a. Attach a copy of the plat showing the location of all collection
lines and the location and identification of the basic components of
the treatment system.
b. If subsurface treatment of the effluent is proposed, give the results
of the preliminary analysis and percolation tests in the area of the
treatment site.
C. Provide a description of the following physical conditions:
(1). Depth to groundwater at time of year when water table is
nearest the surface and how this information was obtained.
(2). Minimum depth to bedrock or other impervious material,
and how this information was obtained.
d. Indicate who will bear the costs of installation and who will own,
operate and maintain the system. Also, indicate the anticipated
date of completion.
VIII. WATER SUPPLY:
A. Where an individual water supply system is proposed for each parcel:
1. If individually drilled wells are to be used, provide evidence as to
adequate quantity and quality of the water supply.
2. If any other method of individual water supply is to be used:
a. Explain why the alternate form of water supply is
proposed instead of drilled wells.
Appendix - Page A-9
b. Identify the source of water supply and provide evidence
that it is of sufficient quantity and quality to serve the
development.
3. Attach two (2) copies of the plat showing the proposed location of
each spring, well, cistern, or other water source and indicate the
distance to existing or proposed sewage treatment systems.
A. Where a public or community water system is proposed:
1. Estimate the number of gallons per day required by
the development (including irrigation, if
applicable).
2. Where an existing system is to be used:
a. Identify the system and the person, firm or
agency responsible for its operation and
maintenance.
b. Indicate the system's capacity to handle
additional use and its distance from the
development.
C. Provide evidence that permission to connect
has been granted.
3. Where a new system is to be used:
a. Provide evidence that the water supply is
adequate in quantity, quality and
dependability.
b. Indicate who will bear the costs of
installation, when it will be completed and
who will own, operate and maintain the
system.
C. Attach a copy of the plat showing the
proposed location of the water source and
all distribution lines.
i
Page A-10 - Appendix
IX. SOLID WASTE:
A. Describe the proposed method of collecting and disposing of solid waste from the
development.
B. If central collection areas are proposed within the subdivision, show their location
on a copy of the preliminary plat.
4
C. If use of an existing collection system or disposal facility is proposed, indicate the
name and location of the facility.
X. DRAINAGE:
A. Streets and Roads:
1. Describe any proposed measures for disposing of storm run-off from
streets and roads.
2. Indicate the type of road surface proposed.
3. Describe any proposed facilities for stream or drainage crossing (i.e.,
culverts, bridges).
B. Other areas: -
1. Describe how surface run-off will be drained or channeled from lots or
common areas. l
2. Indicate if storm run-off will be drained or channeled from lots or
common areas.
3. Describe any proposed sedimentation and erosion controls to be utilized
both during, and after, construction.
3
4. Attach a copy of the plat showing how drainage on lots, road and other
areas will be handled (include sizes and dimensions of ditches, culverts,
etc.)
Xi. ROADS:
A. Estimate how much daily traffic the development, when fully developed, will
generate on existing or proposed roads providing access to the development.
Appendix - Page A-11
1. Discuss the capability of existing and proposed roads to safely
accommodate this increased traffic (e.g., conditions of the road, surface
and right-of-way widths, current traffic flows, etc.).
2. Describe any increased maintenance problems and costs that will be
caused by this increase in volume.
B. Indicate who will pay the cost of installing and maintaining dedicated and/or
private roadway.
C. Describe the soil characteristics, on site, as they relate to road and building
construction and measures to be taken to control erosion of ditches, banks and
cuts as a result of proposed construction.
D. Explain why access was not provided by means of a road within the subdivision
if access to any of the individual lots is directly from City, County, State or
Federal roads or highways.
E. Is year-round access by conventional automobile over legal rights -of -way
available to the subdivision and to all lots and common facilities within the
subdivision?
F. Identify the owners of any private property over which access to the subdivision
will be provided.
XIL EMERGENCY SERVICES:
A. Describe the emergency services available to the residents of the proposed
subdivision including the number of personnel and number of vehicles and/or type
of facilities for:
1. Fire Protection:
a. Is the proposed subdivision in an urban or rural fire district? If
not, will one be formed or extended?
b. In absence of a fire district, what fire protection procedures are
planned?
C. Indicate the type, size and location of any proposed recharge
facilities.
d. If fire hydrants are proposed, indicate water pressure capabilities
and the locations of hydrants.
_I
Page A-12 - Appendix
2. Police Protection.
3. Ambulance Service.
4. Medical Services.
B. Can the needs of the proposed subdivision for each of the above services be met
by present personnel and facilities?
1. If not, what additional expense would be necessary to make these services
adequate?
2. At whose expense would the necessary improvements be made?
A. Describe the educational facilities which would serve the subdivision (school
facilities, school personnel, bus routes and capabilities, etc.).
B. Estimate the number of school children that will be added by the proposed
subdivision, and how they will affect existing facilities.
XIV. ECONOMIC BENEFITS:
A. Provide the present assessment classifications and range of the total assessed
valuation of all land and structures.
B. Provide the anticipated assessment classification and range of the total assessed
valuation of all structures (at 25 % and 90 % occupancy - also give estimated year
of said occupancy).
C. Provide anticipated revenue increases, per unit, from water, sewer and solid
waste fees.
XV. LAND USE:
A. Describe the existing historical use of the site.
B. Describe any comprehensive plan recommendations and other land use regulations
on and adjacent to the site. Is zoning proposed? If located near an incorporated
city or town, is annexation proposed?
C. Describe the present uses of lands adjacent to or near the proposed development.
Describe how the subdivision will affect access to any adjoining land and/or what
measures are proposed to provide access.
Appendix - Page A-13
D. Describe the basis of the need for the subdivision. How much development of
a similar nature is, or is not, available in the area?
E. Describe any health or safety hazards on or near the subdivision (mining activity,
high voltage lines, gas lines, agricultural and farm activities, etc.) Any such
conditions should be accurately described and their origin and location identified.
F. Describe any on -site uses creating a nuisance (unpleasant odor, unusual noises,
dust, smoke, etc.). Any such conditions should be accurately described and their
origin and location identified.
XVI. PARKS AND RECREATION FACILITIES:
A. Describe park and recreation facilities to be provided within the proposed
subdivision and other recreational facilities which will serve the subdivision.
B. List other parks and recreation facilities or sites in the area and their approximate
distance from the site.
C. If cash -in -lieu of parkland is proposed, state the purchase price per acre or
current market value (values stated must be no more than 12 months old).
F;1 1HIEUVIRM 1 .3
A. Indicate the utility companies involved in providing electrical power, natural gas,
or telephone service. To what extent will these utilities be placed underground?
B. Has the preliminary plat been submitted to affected utilities for review?
C. Estimate the completion date of each utility installation.
Page A-14 - Appendix
L',J�rri.
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. Scale bar (scale shall be sufficient to legibly represent the required data
on the plat submitted for filing);
5. All monuments found, set, reset, replaced or removed describing their
kind, size, location and giving other data relating thereto;
6. Witness monuments, basis for bearing, bearings and length of lines;
Appendix - Page A-15
7. The bearings, distance and curve data of all perimeter boundary lines shall
be indicated. When the subdivision is bounded by an irregular shoreline
or body of water, the bearings and distances of a meander traverse shall
be given;
-, 8. Data on all curves sufficient to enable the re-establishment of the curves
on the ground. This data shall include:
a. Radius of curve;
b. Are length;
ZD
C. Notation of non -tangent curves.
9. Lengths of all lines shall be shown to at least tenths of a foot, and all
angles and bearings shown to at least the nearest minute;
10. The location of all section corners or legal subdivision corners of sections
pertinent to the subdivision boundary;
11. All lots and blocks in the subdivision, designated by number, the
dimensions of each lot and block, the area of each lot and the total
acreage of all lots. (excepted parcels marked "Not included in this
Subdivision" or "Not included in this Plat" as appropriate, and the
boundary completely indicated by bearings and distances.
12. All easements, streets, alleys, avenues, roads and highways; their widths,
bearings, the width and purpose of all rights -of -way and the names of all
streets, roads, and highways;
13. The location, dimensions and areas of all parks, common areas and all
other grounds dedicated for public or common use. Where cash has been
accepted in lieu of land dedications, it shall be so stated on the final plat
and the amount of cash donated stated thereon;
14. Gross and net acreage of the subdivision;
15. A legal description of the perimeter boundary of the tract surveyed;
16. All monuments to be of record must be adequately described and clearly
identified on the plat. Where additional monuments are to be set
subsequent to the filing of the plat, the location of such additional
monuments shall be shown by a distinct symbol noted on the plat. All
monuments or other evidence found during retracements that would
Page A-16 - Appendix
influence the positions of any corner or boundary indicated on the plat
must be clearly shown;
17. The signature and seal of the registered land surveyor responsible for the
survey. The affixing of his/her seal constitutes a certification by the
surveyor that the final plat has been prepared in conformance with the
Montana 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.
H. CERTIFICATIONS ON FINAL PLAT:
The following certifications shall appear on the face of the final plat:
A. Certification by the subdivider dedicating streets, parks or playground, or
other public improvements, or stating cash donations in lieu of dedication,
when applicable;
B. Certification by the subdivider allowing usage of the easements for the
purpose designated on the plat;
C. Certification by the licensed land surveyor who prepared the final plat and
related documents;
D. Certification of examining land surveyor where applicable;
E. Certification by the City Council expressly accepting any dedicated land
and improvements. Acceptance of dedication shall be ineffective without
such certification;
F. Certification by the City Attorney;
G. Certification by the City Council that the final subdivision plat is
approved, except where the plat shows changes to a filed subdivision plat
which are exempt from local government review under Section 76-3-
207(1)(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(1))e),
M.C.A., approval by the local governing body is not required for
relocation of common boundary lines or aggregation of lots.
Appendix - Page A-17
M. ATTACHMENTS ACCOMPANYING FINAL PLAT:
The following original documents shall be submitted (signed and notarized where
appropriate) when applicable, to the City as part of the final plat application
process. Said original documents must accompany the approved final plat when
filed with the County Clerk and Recorder:
A. 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 FRDO final plat application acceptance).
B. Copies of any open space or common area management plan including
copies of articles of incorporation and by-laws for any property owners'
association.
C. Certification by the Montana Department of Environmental Quality that
it has approved the plans and specifications for sanitary facilities.
D. 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.
E. Copies of final plans, profiles, grades and specifications for
improvements, including a complete grading and drainage plan, with the
certification of a registered professional engineer that all required
improvements which have been installed are in conformance with the
attached plans.
F. Copy of the state highway permit when a new street or road access will
intersect with a state highway.
G. 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.
Page A-18 - Appendix
SAMPLE FORMS AND CERTIFICATIONS
Letter of Credit No
Dated:
Expiration Date:
Amount:
Kalispell City Council
City of Kalispell
P.O. Box 1997
Kalispell MT 59901
We hereby establish in your favor an irrevocable letter of credit up to the aggregate
amount of $ at the request of (Name of Subdivider).
If (Name of Subdivider) fails to complete the specified improvements in the Name of
Subdivision) within the time period set forth in the attached Improvements Agreement,
we will pay on demand your draft or drafts for such funds, to the limit of credit set forth
herein, as are required to complete said improvements. All drafts must indicate the
number and date of this letter of credit and be accompanied by a signed statement of an
authorized official that the amount is drawn to install improvements not installed in
conformance with the Improvements Agreement and specifying the default or defect in
question.
All drafts must be presented prior to the expiration date stated above, and this letter of
credit must accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
(Name of Lending Institution)
(Signature and Title of Authorized Official)
Appendix - Page A-19
H. CERTIFICATE OF DEDICATION - FINAL PLAT:
(I) (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused
to be surveyed, subdivided and platted into lots, blocks, streets and alleys, as shown by
the plat hereto annexed, the following described land in the City of Kalispell, Montana,
to -wit:
(Exterior boundary description of area contained in plat and total acreage)
The above described tract of land is to be known and designated as Name of
Subdivision), and the lands included in all streets, avenues, alleys, and parks or public
squares shown on said plat are hereby granted and donated to the use of the public
forever.
Dated this day of 19
(Acknowledged and notarized
signatures of all record owners of
platted property.)
III. CONSENT TO DEDICATION BY ENCUMBRANCES, IF ANY:
(I) (We), the undersigned encumbrancer(s), do hereby join n and consent to the annexed
plat and release (my) (our) respective liens, claims and encumbrances as to any portion
of said lands shown on such plat as being dedicated to the use of the public forever.
Dated this day of , 19
(Acknowledged and notarized
signatures of all encumbrances of
record.)
Page A-20 - Appendix
I' fi • aml I . i
State of Montana )
ss.
County of )
I, (Name of Surveyor), a registered Land Surveyor do hereby certify that I have
performed the survey shown on the attached plat of (Name of Subdivision); that such
survey was made on (Date of Survey); that said survey is true and complete as shown
and that the monuments found and set are of the character and occupy the positions
shown thereon.
Dated this day of , 19
(Seal)
(Signature of Surveyor)
Registration No.
(Address
V. CERTIFICATE OF FINAL PLAT APPROVAL - CITY:
The City Council of the City of Kalispell, Montana, does hereby certify that it has
examined this subdivision plat and, having found the same to conform to law, approves
it, and hereby accepts the dedication to public use of any and all lands shown on this plat
as being dedicated to such use, this day of ,
19 at o"clock.
by (Signature of Finance Director) (Signature of Mayor
Finance Director Mayor
Appendix - Page A-21
VI. CERTIFICATE OF WAIVER OF PARK LAND DEDICATION AND
ACCEPTANCE OF CASK IN LIEU THEREOF:
I, (Name of Finance Director), 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 ) 19 , and entered into the proceedings of said Body to -wit:
"Inasmuch as the dedication of park land within the platted area of (Name of Subdivision)
is undesirable for the reasons set forth in the minutes of this meeting, it is hereby ordered
by the Kalispell City Council that land dedication for park purposes be waived and that
cash in lieu of park land, in the amount of dollars ($ ), be
accepted in accordance with the provisions of 76-3-606, M.C.A."
In witness whereof, I have hereunto affixed the seal of The City of Kalispell, Montana
this day of , 19
(Seal)
(Signature of Finance Director)
SUBDIVISIONS:VII. CERTIFICATE OF WAIVER OF PARK LAND DEDICATION FOR MINOR
I (Name of Finance Director), Finance Director 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 ) 19 _, 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 76-3-606 M.C.A."
IZZI
VIH. CERTIFICATE AUTHORIZING THE GOVERNING BODY TO WAIVE PARK
DEDICATION USi { OVER 1Pl OF
MONTANA SUBDIVISION
I (Name of Finance Director), Finance Director 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 , 19 _, 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 76-3-606
M.C.A."
Page A-22 - Appendix
X. CERTIFICATE OF EXAMINING LAND SURVEYOR WHERE REQUIRED -
FINAL PLAT:
I, (Name of Examining Land Surveyor), acting as an Examining Land Surveyor for Cit
or County), Montana, do hereby certify that I have examined the final plat of Name of
Subdivision) 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 , 19
(Seal of Examining Land Surveyor)
STATE OF MONTANA )
County of )
File for record this day of _
(Signature )
(Name of Surveyor )
Registration No.
(City or County)
ss.
19 _, at o"clock.
(Signature of Clerk and Recorder )
County Clerk and Recorder
, Montana
XH. CERTIFICATE OF COUNTY TREASURER:
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 Subdivision) are delinquent:
(legal description of land)
Dated this day of , 19
(seal)
(Signature of County Treasurer)
Treasurer
County,
Montana
Appendix - Page A-23
SUBDIVISION UAPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
19 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party
of the First Part and hereinafter referred to as the CITY, and
(Name of Developer) ,
a
(Individual, Company or Corporation)
located at
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
known as
(Name of Subdivision)
located at
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
upon the conditions as set forth
(Name of Subdivision) in the
Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit
A" have not been completed at this time, and the Developer wishes to bond for the completion
of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide
a financial security of 125 % of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit
B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
NOW THEREFORE, in consideration of the approval of the final plat of said
Subdivision by the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other
acceptable collateral as determined by the City Council, in the amount of
$ . Said Letter of Credit or other collateral shall have an expiration
Page A-24 - Appendix
date of at least sixty (60) days following the date set for completion of the improvements,
certifying the following:
the
a. That the creditor guarantees funds in the sum of $
estimated cost of completing the required
(Name of Subdivision)
improvements in
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
19
3. That upon completion of the required improvements, the Developer shall cause
to be filed with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards
specified by the City for their construction and that the Developer warrants said
improvements against any and all defects for a period of one (1) year from the date of
acceptance of the completion of those improvements by the City;
and,
C. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City;
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.
Appendix - Page A-25
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a
registered professional engineer before the Developer shall be released from the Subdivision
Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with
the specifications, it shall furnish the Developer with a list of specific deficiencies and may
withhold collateral sufficient to insure such compliance. If the City determines that the
Developer will not construct any or all of the improvements in accordance with the
specifications, or within the required time limits, it may withdraw the collateral and employ such
funds as may be necessary to construct the improvement or improvements in accordance with
the specifications. The unused portions of the collateral shall be returned to the Developer or
the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day
and year herein before written.
(Name of Subdivision/Developer/Firm)
by
(Title)
STATE OF MONTANA
COUNTY OF
On this day of 19 before me, a Notary
Public for the State of Montana, personally appeared ,
known to me to be the of ,
whose name is subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
this day and year first above written.
Notary Public for the State of Montana
Residing at
My Commission Expires
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
FINANCE DIRECTOR
Page A-26 - Appendix
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
APPROPRIATE COMPLETION CONSTRUCTION
IMPROVEMENTS BOX DATE COSTS
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping
Other ( )
SUBTOTAL
FEES
TOTALS COSTS
TOTAL COLLATERAL (TOTALS COSTS X 125 %)
Appendix - Page A-27
APPENDIX F
Where the subdivider is required by the governing body to provide data for use in defining the
100 year floodway of a stream subject to flooding, the following information shall be submitted
to the Floodplain Management Section of the Water Resources Division, Montana Department
of Natural Resources and Conservation.
A. A copy of the plat showing contour intervals of no greater than five feet.
B. The location and elevation of a temporary benchmark established with the subdivision
and referenced to mean sea level with appropriate elevation adjustment.
C. A minimum of four surveyed valley cross sections of the stream according to the
following requirements:
1. Cross sections shall include the stream channel and floodplain on both banks and
shall be normal to direction of flow.
2. At least one cross section shall be taken at a point on the stream from which it
could be extended through the subdivision.
3. Three cross sections shall be taken downstream from the subdivision, no more
than 1,000 feet apart, but in no case may vertical drop between cross sections
exceed 5.0 feet. The cross section farthest downstream should be located at a
natural constriction or bridge crossing if possible. Cross sections shall be taken
at any location between the subdivision and lowest cross section.
4. Distances between cross sections are to be determined by stadia and these
distances and locations of cross sections shall be shown on the location map.
5. The overbank cross sections are to be extended to obtain a vertical rise of 15 feet
above the water surface.
D. If a U.S. Geological Survey gauging station is within the reach of the stream under
study, the elevation of any convenient foot mark shall be surveyed and clearly indicated
on the location map.
E. Descriptions and sketches of all bridges within the reach, showing unobstructed waterway
opening and elevations.
F. Color photographs clearly depicting the vegetation of both overbanks and the material
composition of the banks and channel bottom shall be submitted for each cross section.
G. Cross sections plotted on cross section paper of ten divisions to the inch using any
convenient, identified scale for vertical and horizontal distance. The water surface at the
time of survey shall be plotted on each cross section.
H. A profile sheet prepared on cross section paper at ten divisions to the inch showing the
observed water surface profile, location of cross sections, subdivision boundaries,
riverbank profile and thalweg (lowest point of the channel bottom).
Page A-28 - Appendix
1. A location map, such as U.S. Geological Survey seven and one-half (7-1/2)
minute quad or similar map, showing the proposed subdivision, the locations or
the valley cross sections and any gauging stations.
These requirements may vary, so the Supervisor of the Floodplain Management Section
of the Water Resources Division of the Montana Department of Natural Resources and
Conservation should be contacted.
Appendix - Page A-29
DEFENSIBLE SPACE STANDARDS
iREDUCTION GUIDELINES
r% TO 10% SLOPE
[7
KNEW-05 Vvw
Maintain an area of non-combustible material - flowers, plants, concrete, gravel, mineral soil, etc.
B = 10 FEET
Remove all trees and downed woody fuels.
C = 20 FEET
Thin trees to 10 feet between crowns.
Prune limbs of all remaining trees to 15 feet or one-third the total live crown height, whichever is less.
Maintain surface vegetation at 3 inches or less.
Remove all downed woody fuels.
D = 70 FEET
Thin trees to 10 feet between crowns.
Prune limbs of all remaining trees to 15 feet or one-third the total live crown height, whichever is less.
Remove all downed woody fuels more than 3 inches in diameter.
Page A-30 - Appendix
The shaded areas (upslope) of B, C, & D remain a constant distance of 10', 20', and 70' respectively. The shaded area begins
from the mid -section of a structure. The unshaded areas (downslope) of B, C, & D increase with slope as detailed below:
A = THE FIRST 3 FEET OF B
Maintain an area of non-combustible material - flowers, plants, concrete, gravel, mineral soil, etc.
B = 15 FEET
Remove all trees and downed woody fuels.
C = 25 FEET
Thin trees to 10 feet between crowns.
Prune limbs of all remaining trees to 15 feet or one-third the total live crown height, whichever is less.
Maintain surface vegetation at 3 inches or less.
Remove all downed woody fuels.
D = 80 FEET
Thin trees to 10 feet between crowns.
Prune limbs of all remaining trees to 15 feet or one-third the total live crown height, whichever is less.
Remove all downed woody fuels more than 3 inches in diameter.
DOWNSLOPE
Appendix - Page A-31
VEGETATION1 GUIDELINES
r, • , TO rSLOPE
i
750 tar �i►
UPSLOPE
The shaded areas (upslope) of B, C, & D remain a constant distance of 10', 20', and 70' respectively. The shaded area begins
from the mid -section of a structure. The unshaded areas (downslope) of B, C, & D increase with slope as detailed below:
A = THE FIRST 3 FEET OF B
Maintain an area of non-combustible maternal - flowers, plants, concrete, gravel, miferal soil, etc.
B = 20 FEET
Remove all trees and downed woody fuels.
C = 30 FEET
Thin trees to 10 feet between crowns.
Prune limbs of all remaining trees to 15 feet or one-third the total live crown height, whichever is less.
Maintain surface vegetation at 3 inches or less.
Remove all downed woody fuels.
D= 100 FEET
Thin trees to 10 feet between crowns.
Prune limbs of all remaining trees to 15 feet or one-third the total live crown height, whichever is less.
Remove all downed woody fuels more than 3 inches in diameter.
Page A-32 - Appendix
i 1 i 1 1
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t e 1
si
=ss
In areas where vegetation modification is prescribed, use the following guidelines:
A THINNING
Thin trees to 10 feet between crowns.
B. PRUNING
Prune the limbs of all remaining trees to 15 feet or one-third the total Iive crown height, whichever
is less.
C. SURFACE VEGETATION
Maintain surface vegetation at 3" to 12" as detailed.
Appendix - Page A-33
Roadside Vegetation:
Maintain roadside vegetation to protect roads from radiant heat, so they can be used
both as escape routes and fire breaks (Figure 1). Local conditions will dictate how
much vegetation to clear. It is suggested that developers, landowners, and local
officials:
a. Thin trees to 10 feet between crowns.
b. Remove ladder fuels and prune tree limbs up to 15 feet, or one-third of the live
crown of the tree, whichever is less.
c. Remove dead vegetationjogs, snags, etc. Remove snags to a distance that
prevents them from falling into cleared right-of-way or on roads.
d. In the clear zone and where practical, reduce brush, grass, and other vegetation
and maintain it at a maximum of 12 inches high.
UNTREATED
TREATED
�__IO FT --_— a FT — H 12 FT i 12 FT -- . i - a FT--t---- to F7 --�
FUEL _ CLEARED - TRAFFIC LANE TRAFFIC LANE
MODIFICATION ZONE
ZONE
F+---- ESCAPE ZONE
Figure 1 - Recommended treatment for roadside vegetation.
CLEARED FUEL
ZONE MODIFICATION
ZONE