HomeMy WebLinkAboutOrdinance No. O96-01ORDINANCE NO.., o~6-1
AMENDING TITLE 16 OF TH~ LAUREL MUNICIPAL CODE, SUBDMSIONS
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana,
that Title 16 of the Laurel Municipal Code be amended as follows:
16.04.010(A) Purpose of provisions
Delete existing section and replace with tho following:
It is the purpose of this ordinanCe to promote the public health, safety, and general welfar~
by regulating the subdivision of land; prevent the overcrowding of land; lessea congestion ia the
streets nad highways; provide for adeqnat~ fight, air, water supply, sewage disposal, parks and
recreation areas, ingress and egress, and other public improve, meats; require development in
harmony with the natural enviroameat; protect the rights of propeay owners, and require unlforcn
monumentation of land subdivisions and transferring interests in real property by referenCe to a
plat or certificate of survey within the jurisdictional area of thc Laurel-Yellowstone City-County
planning Board.
16.08.035 Add new section:
Certificate of Survey
"Certificate of Survey" means a drawing cfa field survey prepared by a registered
surveyor for the purpose of disclosing facts pertaining to boundary locations.
16,08.130 Change thc last part from "-four and one-half mile jmisdictioanl ara." to "---city-
county planning board jurisdictional area."
16.08.260 Occasional sale
Delete.
16.08.390 Subdivision
Delete existing definition and replace with:
"Subdivision" means a division of land or land so divided that creates one or more parcels
containing less than 160 acres that cannot be described ns a one-quarter aliquot part ora Unites
States government section, exclusive of public roadways, in order that the title to or possession of
the parcels may be sold, rented, leased, or otherwise conveyed and any resubdivision and further a
condominium or area, regardless of its size, that provides or will provide multiple space for
recreational camping vehicles or mobile homes.
A subdivision comprises only those parcels containing less than ~60 acres that caunot be
described as a one-quarter aliquot part ora United States government section when the parcels
have been segregated fi.om the original tract. The subdivision plat must show all the parcels
whether contiguous or not.
16.08.420 Tract of Record
Delete existing definition and replace with:
. "Tract of Record" means a parcel of land, irrespective of ownership, that can be identified
by legal description, independent of anyother parcel of land, using documents on file inthe records
of the County Clerk and Recorders Office.
16.12.020(A) Preapplication procedure
Change first sentence to read as follows: The subdivider or authorized agent shall meet
with the City-County Planning representative prior to submitting the required pre 'hminary plat.
16.12.070 Preliminary plat approval-Public hearing-Relevant evidence to be
beard
Delete and replace with:
Preliminary plat approval-Public hearing-Local government
primary review criteria
(1) The basis for the governing body's decision to approve, conditionally approve, or
disapprove a subdivision is whether the preliminary plat, environmental assessment, public
hearing, Planning Board recommendations, or additional information demonstrates that
¢
development of the subdivision meets the requirements of State Subdivision and Platting Act and
the Laurel Subdivision Ordinance.
(2) The subdivider shall submit the information needed to address the following
criteria and the governing body shall issue written findings of fact for the public record that weigh
the affects of the proposed subdivision through the following criteria as applicable:
(a) the affect on agriculture, local services, the natural environment, wildlife
and wildlife habitat, public health and safety, and taxation (see Appendix A to this chapter for
required information);
(b) compliance with:
(i) State survey requirements;
(ii) local subdivision regulations;
(iii) local subdivision review procedures;
(iv) the provision of easements on the final plat for the location and
installation of'any planned utilities;
(v) the provision of legal and physical aocess to reach each parcel
within the subdivision, the required notation of that access on the applicable plat, inclusion of the
description of such access on any instrument of transfer concerning the parcel; and the standards to
which thc access mad will be built (which is subject to local government approval).
New set, ion: Noxious w~ed management plan.
New section: Low impact minor subdivisions
Low Impact Minor Subdivision Defined: Low Impact Subdivisions are those
16.12.110(Y)
16.16.012
A.
subdivisions where:
(1)
(2)
(3)
Only on~ or two additional lots would be created;
Tho proposed subdivision is the first division of land from a tract of
The occasional sale or family conveyance ~mptions have not been
previously used to create flw subject property or adjacent parcels; and
(4) Tho proposed subdivision is not located on land unsuitable for
development because of natural or man-made ha,~rds or adverse existing or created environmental
conditions.
Review by Laurel-Yellowstone City-County Planning Reprcsentafive:
(1) The subdivider provides 5 copies of the pre 'hminaty plat of the Low
Impact Subdivision to the representative of City-C, oonty Phaming for review; such plat shall
conform to 16.12.110 of this chapter except that contour intervals can be determined from USGS
maps.
(2) When a Low Impact Subdivision is situated where no further development
or no future increase in traffic volumes will ocour, any or all of the following access standards may
be approved when deemed appropriate by the local governing body:
(a)
Co)
(d)
format).
instruments of conveyance.
fight-of-way width: level terrain-40 feet; hilly terrain-50 feet.
road width: 20 feet.
the'requirement for all-seasan access is waivext.
access by private easement (see Appendix B to this chapter for
standards used must be noted on the final plat and any
(3) The City-County Planning Representative reviews the Low Impact
Subdivision for compliance with these regulations and makes a recommendation to the local
governing body wifltin 20 days from acceptance of the preliminary plat.
(4) The governing body, at its next regular meeting, makes any changes to the
written findings of fact, and acts to approve, conditionally approve, or disapprove the subdivision.
16.16.020(A) Change as follows: Replace existing paragraph 'A' with:
A. The subdivider shall meet with or provide all relevant information regarding the
proposed minor subdivision to the City-County Planning representative prior to making written
application for plat approval.
Change existing para "A" to "B" and change the number of copies required in that para
fi.om 20 to 24.
Change existing para "B" to "C".
16.16.030(B) Change first sentence to read as follows: The City-County Planning Board shall,
at the end of the thirty day review period or as noted in 16.16.012, notify the subdivider in writing
of its intent to recommend approval, denial, or conditional approval.
16.16.040 Preliminary minor plat form and content
Change to read: The preliminary minor plat shall meet the standards of design as set forth
in Chapter 16.24-or as allowed in 16.16.012-of these regulations and shall clearly show all
information as required in Sections 16.12.110 through 16.12.120.
16.20.030(A)(20) Add: Certification by the County Treasurer that real property taxes and
special assessments made and levied on the land to be subdivided are paid.
16.20.030(A)(21) Add: Any subdivision that estabhsbes or defines a section line and creates
a parcel that crosses the established or defined section line so that an irrigation district assessment
boundary is included in moro than one seetiun shall note on the survey the acreage or the farm unit
or created parcel in each section, and the surveyor preparing the survey ~hall noti~ the appropriate
irrigation district or the existence and purpose of the survey. These requirements shall only apply
to subdivision surveys for which the surveyor determines that, based on available public records,
the subdivision survey involves land traversed by a canal or ditch owned by an irrigation district
(as established pursuant to Title 85, Chapter 7, MCA) or land included in suer an irrigation
16.32
Guarantee of required ifi~provements
Delete all of existing chapter and replace with the following:
16.32.010: Provision for bonding requirements to ensure construction of public
improvements.
A. Except as provided in subsection B, the governing body shall require the
subdivider to complete required improvements within the subdivision prior to the approval of the
final plat.
B. (1) In lieu of the completion of the construction of any public improvements
prior to the approval cfa final plat, the subdivider shall provide or cause to bo provided a bond or
other reasonable security-which may include an inevocable let~r of credit, in an amount and with
surety and conditions satisfactory to the governing body, providing for and securing the
construction and installation of the improve, meats within a period sp¢~ifiod by lhe governing body
and expressed in the bonds or other security. The governing body shall reduec bond requirements
commensurate with the complc~tion of improvements.
(2) In lieu of requiring a bond or other means of security for the construction
or installation of all the required public improvements under subsection B.(1), the governing body
may approve an incromental 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.
C. Approval by the governing body of a final plat prior to the completion of required
improvements and without the provision of tho security required under subsection B is not an act of
a legislative body for the purposes of MCA 2-9-111.
16.36.020 Size requirements [Parks]
Change to read: Park dedication requirements
1. Except as provided in subsections 2, 3, and 6, a subdivider shall dedieate to the governing
body a cash or land donation equal to:
a. 11% of thc area of the land propos~xl to be subdivided into parcels of one-half acre or
smaller;
b. 7.5% of thc area of the land proposed to be subdivided into parcels larger than one-half
acre and not larger than 1 acre;
c. 5% of thc area of the land proposed to be subdivided into parcels larger than I acre and
not larger than 3 acres; and
d. 2.5 % of the area of land proposed to be subdivided into parcels larger ~ 3 acres and
not larger than $ acres, s
2. When a sabdiv~s,on m located totally .thin an area for wh~';~h dens,ty reqmrements have
been adopted pursuant to a master plan under Title 76, Chapter 1, or pursuant to zoning
regulations under Title 76, Chapter 2, the governing body may e~'tablish park dedication
requirements based on the community need for parks and the dcvelopmeat densities identified in thc
plans ,and regulations. Park dedication requirements established under this subsection are in lieu of
those provided in subsection 1 and may not exceed 0.03 acres per dwelling unit.
3. A park dedication may not be required for:
a. a nfinor subdivision;
b. land proposed for subdivision into parcels larger than 5 acres;
c. subdivision into parcels that are all nonresidential;
d. a subdivision in which parcels are not created, except when that subdivision
provides permanent multiple spaces for recreational camping vehicles, mobile[manufactured]
homes, or condominiums; or
e. a subdivision in which only one additional parcel is created.
4. The governing body, in consultation with the subdivider and the planning board or park
board that has jurisdiction, may determ/ne suitable locations for parks and playgrounds and, 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 donation and cash donation is required, the cash donation may not exca~l the
proportional mount not covered by the land donation.
5. a. In accordance with the provisions of subsections 50>) and 5(c), the governing
body shall use the dedicated money or land for development, acquisition, or maintenance of parks
to serve the subdivision.
b. The governing body may use the dedicated money to acquire, develop, or maintain,
within its jurisdiction, pates or recreational areas or for the purchase of public open space or
conservation easement only if:
(1) the park, recreational area, open space, or conservation easement is within
a reasonably close proximity to the proposed subdivision; and
(2) the governing body has formally adopted a park plan that establishes the
needs and procedures for use of the money.
c. The governing body may not use more than 50% of the dedicated money for park
6. The local governing body shall waive the park dedication requirement if.
a. (I) the preliminary plat provides for a planned unit development or other
development with land permanently set aside for park and recreational uses sufficient to meet the
needs of the persons who will ultimately reside in the development; and
a. (2) the area of the land and any improvements set aside for park and
recreational purposes equals or exceeds the area of the dedication required under subsection 1;
b. (1) thc preliminary plat provides long-term protection of critical wildlife
habitat; cultural, lfistorieal, or natural resources; agricultural interests; or aesthetic values; and
b. (2) the area of the land proposed to be subdivided, by virtue of providing
long-term protection provided for in subsection 6(b)(l), is reduced by an mount equal to or
exceeding the area of the dedication required under subsection 1; or
c. the area of the land proposed to be subdivided, by virtue ora combination of thc
provisions of subsections 6(a) and 6(b), is r~duecd by an amount equal to or excecding the area of
thc dedication r~quired under subsection 1.
and
b.
16.36.030
D¢lvte.
16.36.050
Delcto.
16.36.060
Delete.
16.36.070
Delete.
16.36.080
Delete.
16.36,100
when
Delete.
16,44.010
For the purposes of this section:
"dwelling unit" means a residential structure in which a I~rson or persons reside;
"cash donation" is the fair mark~ value of the unsubdivided, unimprov~ land.
Cash donation in lieu of dedication when
Documentation of cash donation required
Planned unit development-Waiver of provisions when
Single-ownership development-Waiver of provisions when
Parcels of certain size--Waiver of provisions when
Subdivider to develop parks or playgrounds--Waiver of provisions
Add:
I. With ~¢ry preliminary subdivision plat submittal, the subdivider shall
provide information for the local govemmeat's Preliminary Review Criteria, Findings of Fact, os
delineated in Appendix A to this Title.
APPENDIX A
APPENDIX A
LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD
PRELIMINARY REVIEW CRITERIA
FINDINGS OF FACT
Name of Subdivision:
Prepared by:. Date:
Reviewed by: Date:
I. PRIMARY REVIEW CRITERIA
A. Effect on Agriculture:
(circle one):
la. The subdivision will remove
production. (or)
acres from (livestock) or (crop)
lb. The subdivision will have no affect on agricultural production because
there is no present commercial raising of livestock or crops.
(circle one):
2a. The subdivision will not interfere with any irrigation system or present any
interference with agricultural operations in vicinity. (or)
2b. The subdivision could interfere with an existing irrigation system.
Conditions of approval should require fencing and restrictive covenants.
Effect on Local Services:
(circle one)
la. The subdivision will connect to the municipal water and sewer systems of
· The cost of connecting will be paid by the subdivider or lot buyers, and
the municipality should not experience an appreciable increase in maintenance and
operating costs. The lot buyers will pay regular water and sewer charges. (or)
lb. The subdivision will use on-site water supply and sewage disposal.
(circle one):
2a. The subdivision will receive law enforcement services from the (municipal
police department) (County Sheriffs Department) and fire protection from the
Fire. Department. Providing these services to the subdivision is
expected to be a negligible cost to the city (County) and fire departments. Any increased
costs likely will be covered by increased tax revenues fi.om improved properties. (or)
2b. Providing these services to the subdivision is expected to create $
in additional costs to the local government. (circle one):
3a. No extension of public streets or roads will be needed, and the subdivision
will have a negligible impact on cost ofroad maintenance. (o0
3b. An upgrade of
the subdivision, at an estimated cost of $
expected to cost $
Street/Road will be necessary to serve
· Annual road maintenance is
4. The land affected by the proposed subdivision currently pays an estimated
$. in local property taxes. At~er subdivision, the land and improvements are
expected to pay approximately $. in local property taxes, at current mill levies.
C. Effect on the Natural Environment:
I. The subdivision will use proper-sized culverts as part of constructing a
private access road fi.om Road/Street, which will minimize problems
of road drainage and erosion. '
(circle one):
2a. The relatively level terrain is not expected to create significant surface run-
offproblems. (o0
2b. The existing terrain will require cuffing and filling, both for road
construction and for grading and leveling building site(s). Some surface mn-offlikely will
o~ur but the grading and drainage plan is designed to prevent significant adverse impacts·
3. The subdivision is not expected to adversely affect native vegetation, soils,
or the water quality or quantity of surface or ground waters. Areas disturbed by cutting
and filling and grading will be reseeded in the same season to minimize erosion.
4. Proposed weed control measures will prevent the proliferation of weed
growth within the subdivision and on areas disturbed by construction.
Effect on Wildlife and Wildlife Habitat:
(circle one):
1 a. The subdivision will not be located in an area of significant wildlife habitat,
nor in any critical wildlife areas. The expected effects of pets and human activity
generated by the subdivision will not significantly affect wildlife. (or)
lb. The subdivision is located in excellent habitat for
The subdivision will have an effect on wildlife, and the expected effects &pets and human
activity generated by the subdivision could have significant affect on wildlife. (or)
lc. The subdivision is located adjacent to Creek, which has
an excellent fishery. Development of the lots could have an impact on the fishery, but
conditions of approval require all structures to be set back at least 300 feet fi.om the
streambank to minimize the impacts.
(circle one):
2a. The subdivision will not result in closure of public access to hunting or
fishing areas, nor to public lands. (or)
2b. A public trail is included in the plat to provide access to the stream or
public lands.
D. Effect on Public Health and Safety:
(cimle one):
I a. Based on available information, the subdivision does not appear to be
subject to potantial natural hazards such as flooding, snow or rock slides, high winds,
wildfire, or excessive slopes, nor potential man-made baTArds such as high voltage power
lines, high pressure gas lines, nearby industrial or mining activity, or high traffic volumes.
(or)
lb. The subdivision is subject to potential h~7~rd fi.om
The subdivider has committed to minimize the effect of the hazards by:
II. REQUIREMENTS OF THE MONTANA SUBDIVISION AND PLATTING
ACT, UNIFORM STANDARDS FOR MONUMENTATION, AND LOCAL
SUBDIVISION REGULATIONS
The subdivision meets the requirements of the Montana Subdivision and Platting Act and
the surveying requirements specified in the Uniform Standards for Monumentation, and
conforms to the design standards specified in the local subdivision regulations. The
subdivider and the local government have complied with the subdivision review and
approval procedures set forth in local subdivision regulations.
EASEMENTS FOR UTILITIES
(circle one)
I a. No easements will be necessary to extend utilities to the subdivision.
Utilities are currently adjacent to the property or can be extended within the public road
right-of-way. (o0
lb. Easements to extend utilities across property0es) owned by
are needed. Utility easements have been
granted to the subdivider by those property owners, and the instruments of easement
conveyance will be filed with the County Clerk and Recorder.
IV*
LEGAL AND PHYSICAL ACCESS
(circle one):
la. Legal access is provided by
roadway that is adjacent to the lot(s). (or)
Road/Street, a public
lb. Legal access is provided by a 60-foot wide road easement across properties
belonging to
The easements have been surveyed, and instruments of easement conveyance will be filed
with the County Clerk and Recorder.
(circle one):
2a. Physical access is provided by
roadway that is adjacent to the lot(s). (or)
Road/Street, a public
2b. Physical access will be provided by a road with a
driving surface constructed in accordance with local road standards fi.om
Road/Street to the subdivision.
-foot wide
3. The following statement will be written on the face of the subdivision plat
and on any instruments of conveyance:
a. "Legal and physical access is provided by
Road/Street, a public roadway located adjacent to the property." (or)
b. "Legal access is provided fi.om Road/Street, a
public road, by a -wide easement across property owned by
· Physical access is provided by a road with a
-wide driving surface."
CONFORMANCE TO AN ADOPTED COMPREHENSIVE PLAN
(circle one):
la.
The subdivision plat conforms to the comprehensive plan adopted by
· (o0
I b. The subdivision plat is not in conformance with the comprehensive plan
adopted by the local government for the following reasons:
This Ordinance shall become effective thirty (30) days after
final passage by the City CoUncil and approval by the Mayor.
Introduced and passed on first reading at a regular meeting of
the City Council on February 6 , 1996, by Alderman
Marshall
PASSED and ADOPTED by the Laurel City Council on second
reading this 20th day of February , 1996, upon a motion of
Alderman Dickerson
APPROVED by the Mayor this 21s£
1996.
day of February ,
CITY OF LAUREL
Charles G. Rod~ers,~ayor
Donald L. Hackmann, City Clerk
ttorney