HomeMy WebLinkAboutOrdinance No. O07-01ORDINANCE NO. O07-01
ORDINANCE TO REPEAL THE CURRENT CHAPTER 16 OF THE LAUREL
MUNICIPAL CODE AND TO REPLACE WITH THE ATTACHED REVISED AND
UPDATED CHAPTER 16 IN ORDER TO COMPLY WITH THE MANDATORY
CHANGES ADOPTED BY THE STATE OF MONTANA LEGISLATURE.
WHEREAS, the Montana Legislature adopted numemns changes to the Montana
Subdivision and Platting Act which must be adopted by the City of Laurel in order to remain in
compliance with state statute;
WHEREAS, the changes were significant in number requiring the City to completely re-
write its regulations instead of attempting to amend its existing regulations;
WHEREAS, the Planning Board has reviewed the proposed and updated Chapter 16 on
the City's behalf and held a public hearing on the changes to gather public input. There were no
objections voiced at the public hearing.
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
LAUREL MUNICIPAL CODE is hereby amended by repealing all of the currently existing
Chapter 16 and replacing it with the at~ached newly prepared Chapter 16 in its entirety.
This Ordinance becomes effective thirty (30) days after final passage by the City Council
and approval by the Mayor.
Introduced and passed on first reading at a special meeting of the City Council on
March 13 ~ 2007, by Alderperson l-lart
PASSED and ADOPTED by the Laurel City Council on second reading this 3rd day
of April ,2007, upon motion of Alderperson Hate
APPROVED BY THE MAYOR thh 3rd day of April
~th E. Ols~-n, Jr., Ma~
ATTEST:
,2007.
007-01 Subdivision P~gulafions
LAUREL-YELLOWSTONE
CITY-COUNTY
PLANNING AREA
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SUBDIVISION REGULATIONS
2006
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TABLE OF CONTENTS
16.0 GENERAL PROVISIONS ..................................................................................................... 1
16.01 Title .................................................................................................................................. . 1
16.02 Authority .......................................................................................................................... . 1.
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16.03 Purpose ..........................................................................................
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16.04 Jurisdiction ....................................................................................................................... . 2
16.05 Exemptions for Certain Divisions of Land .................................................................
16.06 Construction Timing ........................................................................................................ . 2
16.07 Transfers of Title .............................................................................................................. . 2
16.08 Suitability of Land ........................................................................................................... . 3
16.09 Permission to Enter .......................................................................................................... . 3
16.010 Severability . ................................................................................................................... . 3
16.011 Regulations in Effect ...................................................................................................... . 3
16.2 DEFINITIONS ....................................................................................................................... . 4
16.3 SUBDIVISION REVIEW PROCEDURES ......................................................................... 12
16.3.1 Compliance with Local Regulations and State Law ...................................................... 12
16.3.2 Preapplication Meeting .................................................................................................. 12
16.3.3 Major Preliminary Plat Application Submittal .............................................................. 12
16.3.4 Staff and Agency Review ...................................................................
16.3.5 Governing Body Action ................................................................................................. 15
16.3.6 Preliminary Plat Approval Period .................................................................................. 16
16.3.7 Appeal Process ............................................................................................................... 16
16.3.8 Final Plat ........................................................................................................................ 16
16.3.9 First Minor Subdivision from a Tract of Record ........................................................... 16
16.3. 10 Subsequent Minor Subdivisions .................................................................................. 17
16.3.11 Subdivisions Qualifying for Expedited Review .......................................................... 17
16.3.12 Amended Plats ............................................................................................................. 19
16.3.13 Final Plat Submittal Requirements .............................................................................. 19
16.4 DEVELOPMENT REQUIREMENTS ................................................................................. 21
16.4.1 General ........................................................................................................................... 21
16.4.2 Conformance with Zoning ............................................................................................. 21
16.4.3 Improvement Design ...................................................................................................... 21
16.4.4 Lots ................................................................................................................................ 21
16.4.5 Blocks ............................................................................................................................ 22
16.4.6 Streets and Roads ........................................................................................................... 23
16.4.7 Storm Drainage Facilities . ................................ ............................................................ 35
16.4.8 Sanitary Sewer and Water Systems . .............................................................................. 36
16.4.9 Utilities ........................................................................................................................... 36
16.4.10 Watercourse and Irrigation Easements (MCA §76-3-504(1)0)(k)(1)) ......................... 36
16.4.11 Disposition of Water Rights (MCA §76-3-5040)(i)) ................................................... 38
16.4.12 Fire Protection Requirements ...................................................................................... 38
16.4.13 Noxious Weed Control ......................................................... ................ 41
16.4.14 Flood Hazard Evaluation ............................................................................................. 42
16.5 GUARANTEE OF PUBLIC IMPROVEMENTS ................................................................ 43
16.5.1 Subdivision Improvements Agreement (SIA) ............................................................... 43
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16.5.2 Security Guarantee ......................................................................................................... 43
16.5.3 Reduction of Guarantees ................................................................................................ 44
16.5.4 Release of Guarantee ..................................................................................................... 44
16.6 SUBDIVISIONS FOR RENT OR LEASE ........................................................................... 45
16.6.1 General ........................................................................................................................... 45
16.6.2 Manufactured Home and RV Park Development Requirements .................................. 45
16.7 CLUSTER DEVELOPMENTS AND PLANNED NEIGHBORHOOD DEVELOPMENT S
(MCA §76-3-509) ......................................................................................................................... 49
16.7.1 Purpose ........................................................................................................................... 49
16.7.2 Definitions ...................................................................................................................... 49
16.73 Cluster Development General Requirements ................................................................. 49
16.7.3.1 Design Standards and Applications for Cluster Developments .................................. 50
16.7.4 Planned Neighborhood Development General Requirements ....................................... 54
16.7.5 Design Standards and Applications for Planned Neighborhood Developments........... 55
16.8 CONDOMINIUMS AND TOWN HOMES ......................................................................... 58
16.8.1 Condominium Development .......................................................................................... 58
16.8.2 Town home Development ....................... ................... 58
16.8.3 Standards ........................................................................................................................ 58
16.9 ENVIRONMENTAL ASSESSMENT ............................................................................... 59
16.9.1 Purpose ........................................................................................................................... 59
16.9.2 General Requirements .................................................................................................... 59
16.9.3 Environmental Description Contents ............................................................................. 60
16.9.4 Community Impact Report Contents ............................................................................. 62
16.9.5 Summary of Probable Impacts ....................................................................................... 67
16.10 DEDICATION OF PARKS, TRAILS, AND OPEN SPACE ............................................ 68
16.10.1 Park Land Dedication Requirements (MCA §76-3-621) ............................................ 68
16.10.2 School Land Dedication in Lieu of Park Land Dedication (MCA §76-3-621(8))...... 69
16.10.3 Linear Park Land Dedication for Trail Corridors ........................................................ 69
16.10.4 Storm water Detention/Retention Ponds in Parks ........................................................ 69
16.10.5 Determining Cash Contribution for Park Land ........................................................... 69
16.10.6 Use of Dedicated Money or Land for Parks (MCA §76-3-621(5)) ............................ 70
16.10.7 When Park Land Dedication May Not Be Required (MCA §76-3-621(2)) ............... 70
16.10.8 Waiving Park Land Dedication Requirement (MCA §76-3-621(6)) .......................... 70
16.11 ADMINISTRATIVE PROVISIONS ................................................................................. 72
16.11.1 Variances ..................................................................................................................... 72
16.11.2 Amendments to Subdivision Regulations ................................................................... 73
16.11.3 Corrections or Vacations of Recorded Final Plats and Supporting Documents......... 73
16.11.4 Corrections or Adjustments to Plats, Conditions and Supporting Documents after
Preliminary Plat Approval ........................................................................................................ 74
16.11.5 Appeals ....................................................................................................................... 75
16.11.6 Schedule of Fees ......................................................................................................... 76
16.11.6 Penalty for Violation ................................................................................................... 76
APPENDIX A ............................................................................................................................... 77
Jurisdictional Area Map ............................................................................................................ 77
APPENDIX B ............................................................................................................................... 78
Evasion Criteria ........................................................................................................................ 78
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APPENDIX C ............................................................................................................................... 83
Pre-Application Meeting Form .................. .......................... 83
APPENDIX D .............................................................................................................................. . 84
Preliminary Plat Requirements ................................................................................................ . 84
APPENDIX E .............................................................................................................................. . 86
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Preliminary Plat Application .........................................................
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APPENDIX F ............................................................................................................................... . 88
Required Supporting Documents for Major Preliminary Plat Applications ............................ . 88
APPENDIX G .............................................................................................................................. . 91
Required Supporting Documents for First Minor Preliminary Plat Applications ................... . 91
APPENDIX H .............................................................................................................................. . 94
Expedited Final Plat Application ............................................................................................. . 94
APPENDIX I ............................................................................................................................... . 96
Final Plat Application .............................................................................................................. . 96
APPENDIX J ............................................................................................................................... . 98
Final Plat Requirements ........................................................................................................... . 98
APPENDIX K.......• ..................................................................................................................... 102
Subdivision Improvements Agreement ...........................
APPENDIX L ............................................................................................................................. 110
Escrow Agreement Template .................................................................................................. 110
APPENDIX M ............................................................................................................................ 11.5
Irrevocable Standby Letter of Credit ...................................................................................... 115
APPENDIX N .............................................................................................................................. 116
Restrictions on Transfers and Conveyances Template ........................................................... 116
APPENDIX 0 ............................................................................................................................. 119
Flood Hazard Evaluation ........................................................................................................ 119
APPENDIX P .............................................................................................................................. 122
Fee Schedule ........................................................................................................................... 122
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Chapter 16
16.0 GENERAL PROVISIONS.
16.01 Title.
These regulations will be known and may be cited as "The Subdivision Regulations of the
Laurel-Yellowstone City-County Planning Board and hereinafter referred to as "these
Regulations."
16.02 Authority.
Authorization for these Regulations is contained in the Montana Subdivision and Platting Act
(MSPA) (Title 76, Chapter 3, Mont. Code. Ann.).
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16.03 Purpose.
The purposes of these Regulations are to promote the public health, safety and general welfare of
the citizens of Laurel and its Planning Jurisdictional Area by regulating the subdivision of land
and to promote a vision for the development for the best possible environment in which to enjoy
life, experience natural features, raise a family, earn a living, conduct business, obtain an
adequate education, have access to health care facilities, and to be adequately protected from
crime and disasters. These Regulations are intended to comply with Part 5 of MSPA and to
provide for:
A. The orderly development of the jurisdictional area in accordance with adopted
growth policies, neighborhood plans, motorized and non-motorized transportation
plans, park plans, and other adopted policies and plans.
B. The public health, safety, and general welfare of existing and fixture residents by
avoiding danger or injury by reason of natural or manmade hazards.
C. The coordination of roads within subdivided land with the existing and planned
transportation network and to avoid or minimize traffic congestion.
D. The dedication of adequate land for roadways, public utility easements, and
pedestrian/bicycle pathways.
E. Proper physical and legal road access, including obtaining of necessary easements
and rights- of way.
F. The promotion of adequate open spaces for travel, light, air, and recreation.
G. Adequate, water, drainage, and sanitary facilities.
H. The consideration of impacts on natural resources and of development in harmony
with the natural environment.
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I. The promotion of cluster development that minimizes costs to local citizens that
promotes effective and efficient provision of public services.
J. The efficient expenditure of public funds for public services.
K. The standardization of the land subdivision process.
L. The protection of the rights of all documented property owners affected by
proposed subdivisions including water.
M. The administration of these regulations by defining the powers and duties of
reviewing and approving authorities.
16.04 Jurisdiction.
These Regulations govern the subdivision of land within the jurisdictional area of the Laurel-
Yellowstone City-County Planning Board as shown on the map filed with the Yellowstone
County Clerk and Recorder's Office.
These Regulations supplement all other regulations, and where they are at variance with other
1 laws, regulations, ordinances, or resolutions, the more restrictive requirements apply.
16.05 Exemptions for Certain Divisions of Land.
The Montana Subdivision and Platting Act provides that certain divisions of land, which would
otherwise constitute subdivisions, are exempt from local subdivision review and approval, unless
the method of disposition is adopted for the purpose of evading the requirements of Title 76,
Chapter 3, Mont. Code Ann.
The procedures, criteria, and requirements provided in Appendix B shall be used to review an
exemption from subdivision review and to evaluate whether the division of land is for the
purpose of evading the Montana Subdivision and Platting Act.
16.06 Construction Timing.
The applicant or his/her contractors may not proceed with any construction work on a proposed
subdivision, including grading and excavation relating to public improvements, until the
governing body has given preliminary plat approval of the proposed subdivision plat. If
improvements are initiated prior to final plat approval, the subdivider shall assume all risks and
liability for error in improvement placement, and the improvements must comply with the
conditions and agreements of the preliminary plat approval.
16.07 Transfers of Title.
Except as noted below, a final subdivision plat must be filed for record with the Yellowstone
County Clerk and Recorder before title to the subdivided land can be sold or transferred in any
manner. 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
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A. That under the terms of the contracts the purchasers of lots in the proposed
subdivision makes all payments to an escrow agent, which must be a bank,
savings and loan association, or title/escrow company 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;
1 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 two
years of the preliminary plat approval, the escrow agent shall immediately refund
to each purchaser any payments made under the contract; and
D. That the contracts contain the following language conspicuously set out therein:
"The real property which is the subject hereof has not been finally platted, and
until a final plat identifying the property has been filed with the County Clerk and
Recorder, title to the property cannot be transferred in any manner."
16.08 Suitability of Land.
If the Planning Board finds any portion of a parcel of land proposed to be subdivided unsuitable
for subdivision because of potential hazards such as flooding, land slides, steep slopes, rock falls,
high water table, polluted or non-potable water supply, high voltage lines, high pressure gas
lines, danger from fire or explosion, or other features which may be detrimental to the health,
safety, or general welfare of existing or future residents, they will not recommend approval of
the subdivision unless the hazards can be eliminated or overcome through approved design and
construction plans.
16.09 Permission to Enter.
The appropriate governing body (AGB) or its designated agent(s) or agency may investigate,
examine, and evaluate the site of the proposed subdivision to verify information provided by the
subdivider. The submission of a preliminary plat or final plat application constitutes a grant of
permission by the subdivider to enter the subject property.
16.010 Severability.
If a court of competent jurisdiction holds any word, phrase, clause, sentence, paragraph, section,
or other part of these Regulations invalid, that judgment will affect only the part held invalid.
16.011 Regulations in Effect.
Review and approval or disapproval of a subdivision under these Regulations may occur only
under those regulations in effect at the time an application for approval of a preliminary plat or
an extension of preliminary plat approval is submitted to the AGB.
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16.2 DEFINITIONS.
Whenever the Following words or phrases appear in these Regulations, they shall have the
meaning assigned to them by this Section. The word "shall" is always mandatory, and the word
"may" indicates use of discretion in making decisions.
ACCESS, LEGAL: When the subdivision abuts a public street or road under the jurisdiction of
the City, the County, or the State or when the subdivider has obtained adequate and appropriate
written easements from a public road to the subdivision across all intervening properties.
ACCESS, PHYSICAL: When a road or driveway conforming to City and/or County standards
provides vehicular access from a public or private road to the subdivision.
ADJOINING PROPERTY OWNERS: Persons who are owners of record of properties
adjoining the land being proposed for subdivision platting.
AGB: APPROPRIATE GOVERNING BODY: Refers to either the City Council of Laurel or
the Board of County Commissioners of Yellowstone County.
AGRICULTURE: Montana Code Annotated contains definitions for the words "agriculture"
and "agricultural" as follows:
41-2-103, MCA. Definitions. As used in this part, the following definitions apply: (1)
"Agriculture" means: (a) all aspects of farming, including the cultivation and tillage of the soil;
(b)(i) dairying; and (ii) the production, cultivation, growing, and harvesting of any agricultural or
horticultural commodities, including commodities defined as agricultural commodities in the
federal Agricultural Marketing Act [12 U.S.C. 1141j(g)]; (c) the raising of livestock, bees, fur-
bearing animals, or poultry; and (d) any practices, including forestry or lumbering operations,
performed by a farmer or on a farm as an incident to or in conjunction with farming operations,
including preparation for market or delivery to storage, to market, or to carriers for transportation
to market.
81-8-701 MCA. Definitions. The following definitions apply: (1) "Agricultural and
food product" includes a horticultural, viticultural, dairy, livestock, poultry, bee, other farm or
garden product, fish or fishery product, and other foods.
AGRICULTURAL WATER USER FACILITIES: Those facilities which convey water for
agricultural land as defined in MCA §15-7-202, or which provide water for the production of
agricultural products as defined in MCA §15-1-101, including, but not limited to, ditches, drains,
pipes, and head gates.
AGRICULTURAL WATER USER: Persons and lands legally entitled to water under an
appropriated water right or permit of an irrigation district or other private or public entity formed
to provide for the use of the water right on subdivision lots.
APPLICANT: The owner of land proposed for subdivision or the owner's legally designated
representative for the purposes of submitting a request to subdivide (See SUBDIVIDER).
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BIKEWAY: A generic term for any road, street, path or way, which is specifically designated
for bicycle travel, regardless of whether such facilities are designated for the exclusive use of
bicycles or are to be shared with other transportation modes.
BLOCK: A group of lots, tracts, or parcels within well-defined and fixed boundaries. Such
boundaries may include streets, railroads, irrigation ditches, streams, platted lands, or a
combination thereof.
BOARD OF COUNTY COMMISSIONERS: The governing body for Yellowstone County,
Montana.
BOULEVARD: An area of public right-of-way or private easement between the traveled edge
of the street or road and the private property line. The boulevard provides for the opportunity to
separate vehicle traffic from pedestrian travel. Boulevards often have sidewalks and mailboxes
located in them and often are landscaped. A parkway median is a landscaped area located in the
middle of the street or road.
CERTIFICATE OF SURVEY: A drawing of a field survey prepared by a registered surveyor
for the purpose of disclosing facts pertaining to boundary locations.
CONSERVATION SUBDIVISION: A development in a rural setting that is characterized by
compact lots and common open space, and where the natural features of land are maintained to
the greatest extent possible.
CHECKPRINT: A paper copy of the final plat submitted by the subdivider to the Planner for
review for compliance with the Administrative Rules of Montana and conditions of approval set
by the AGB by staff prior to submitting the final plat on mylar.
CITY COUNCIL: The governing body for the City of Laurel, Montana.
CLUSTER DEVELOPMENT: A subdivision of land with lots clustered in a group of five or
more lots that is designed to concentrate building sites on smaller lots in order to reduce capital
and maintenance costs for infrastructure through the use of concentrated public services and
utilities, while allowing other lands to remain undeveloped (MCA §76-3-103(2)).
CONDOMINIUM: 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 by owners of the units (MCA §70-23-101, et. seq.).
COVENANT (DEED RESTRICTION): A limitation contained in a deed that restricts or
regulates the use of the real property.
DEDICATION: The deliberate appropriation of land by an owner for any general and public
use, reserving to the landowner no rights that are incompatible with the full exercise and
enjoyment of the public use to which the property has been devoted (MCA §76-3-103(3)).
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DEQ: Montana Department of Environmental Quality
DIVISION OF LAND: The segregation of one or more parcels of land from a larger tract 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 parcels pursuant to the Montana Subdivision and Platting Act. The
conveyance of a tract of record or an entire parcel of land that was created by a previous division
of land is not a division of land (MCA §76-3-103(4)).
DRIVEWAY: A vehicular access serving no more than 2 lots or 5 dwelling units.
DWELLING UNIT: Any building or portion thereof providing complete, independent, and
permanent living facilities for one family. A family is any number of individuals, related by
blood, marriage, adoption, or other legal means, including any number of minor children in
foster care, and/or any number of unrelated persons (including any domestic servants or
caregivers) living together in a dwelling unit (24 CPR Part 4, Section 982.401).
EASEMENT: Authorization by a property owner for another to use the property for a specified
purpose, in which the owner agrees not to build, obstruct, or interfere with the specified purpose.
ENGINEER (REGISTERED PROFESSIONAL ENGINEER): A person licensed in
conformance with the Montana Professional Engineers' Registration Act (MCA §37-67-301 et,
seq.) to practice engineering in Montana.
FLOOD: When water from any watercourse or drainage rises above the bank or moves outside
the channel of that watercourse or drainage (MCA §76-5-103(8)).
100-YEAR FLOOD: A flood magnitude expected to recur on the average of once every 100
years, or a flood magnitude, which has a 1% chance of occurring in any given year (MCA §76-5-
103(9)).
FLOODPLAIN: The area adjoining the watercourse or drainage that would be covered by the
floodwater of a flood of 100-year frequency (MCA §76-5-103(10)).
FLOODWAY: The channel of a watercourse or drainage and those portions of the floodplain
adjoining the channel that are reasonably required to carry and discharge the floodwater of any
watercourse or drainage (MCA §76-5-103(11)).
GREENBELT/GREENWAY: Corridors of protected open space managed for conservation
and recreation purposes as designated by the AGB. Such corridors may be privately or publicly
owned.
GROWTH MANAGEMENT PLAN/POLICY: The Plan adopted by the City of Laurel to
guide growth and change in the Laurel Planning Jurisdictional Area (MCA §76-1-601).
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LOT: A parcel, plot, or other land area created by subdivision or certificate of survey for sale,
rent, or lease.
LOT MEASUREMENTS:
a. Lot Depth: The length of a line drawn perpendicularly to the front lot line and
extending to the rear lot line.
b. Lot Width: The average width of the lot.
C. Lot Frontage: The width of the lot line that fronts a public street right-of-way or
public road easement where the lot usually has a driveway access.
d. Lot Area: The area of a lot determined exclusive of street, highway, alley, road,
or other rights-of-way.
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. Through or Double-Frontage Lot: A lot whose front and rear lines both abut on
streets.
d. Flag Lot
e. Irregular Lot
Figure 2.1 Lot Types
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CORNER . z it rrsR1611
LOT ? LOT.
! q
CORNER
3 "THROUGH
Lot
INTERIOR..; LOT
FLAG 1
LOT
a LOT a LOT COR.N.FJi r
? iDEPTH LOT _
I THROUGH
CORNER INTERIOR = s LOT
I CUL-
LOT
LOT t DE- w'
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I 4 CORNER 8AC INTERIOR
-- STREE7---? LOT.. LOT
INTERIOR
-- --- - PROPERTY LINE LOT
BLOCS BOUNDARY
MANUFACTURED HOME: A detached residential dwelling unit, which may consist of two
or more sections, fabricated at a factory and designed to be towed on its own chassis to a
building site for occupation as a dwelling with or without a permanent foundation. The term
includes, but is not limited to, "trailer homes," "house trailers," and "mobile homes" whether or
not the unit has been constructed after July 1, 1976, in conformance with Federal Manufactured
Home Construction and Safety Standards. The term does not include "modular" or "factory-built
buildings" that are fabricated at a factory in accordance with the International
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Residential/Building Code applicable to site-built homes, and are transported to the site for final
assembly on a permanent foundation.
MANUFACTURED HOME SPACE: A designated portion of a parcel of land designed for the
accommodation of one manufactured home and its accessory buildings or structures for the
exclusive use of the occupants.
MANUFACTURED HOME PARK: A single parcel of land or a lot that is designed or used
for temporary or permanent spaces for 2 or more manufactured homes where either the space for
a manufactured home or a manufactured home itself is available to the general public for
residential use.
MANUFACTURED HOME PAD: That area of a manufactured home space that has been
prepared for the placement of a manufactured home.
MASTER PLAN (Overall Plan; Sequential Development): The plan of a subdivision designed
for a single tract and proposed to be subdivided in various stages, phases or configurations.
MEDIAN: A raised divider made of dirt, concrete, or other material located in the middle of a
street or road between travel lanes that is often landscaped.
MOBILE HOME OR TRAILER: See MANUFACTURED HOME.
MODULAR HOME: A dwelling unit constructed in accordance with the standards set forth in
the International Residential/Building Code and bearing the insignia of the State of Montana,
applicable to site-built homes, and composed of components assembled in a manufacturing plant
and transported to the building site for final assembly on a permanent foundation.
MONUMENT (PERMANENT MONUMENT): Any structure of masonry, metal, or other
permanent, durable material placed in the ground, which is exclusively identifiable as a
monument to a survey point, expressly placed for surveying reference.
NO ACCESS EASEMENT: A line designated on a subdivision plat for the purpose of
restricting vehicular access from a public right-of-way to a lot.
PLANNING BOARD: The Laurel-Yellowstone City-County Planning Board.
PLANNING DIRECTOR: The Laurel Planner.
PLAT: A graphical representation of a subdivision 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 that
furnishes a basis for review by a governing body.
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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 containing all
elements and requirements set forth in these regulations and the Montana
Subdivision and Platting Act (MCA §76-3-101 et. seq.) (MSPA).
C. Amended Plat: The final drawing of any change to a filed platted subdivision.
d. Exempt Plat: A survey or plat that is exempt from local subdivision review and
approval under the provisions of the MSPA and as described in Appendix B of
these Regulations.
PROFESSIONAL ENGINEER: See ENGINEER.
PUBLIC ROAD OR STREET: A road or street that has been dedicated and accepted for
public use, or an easement that has been granted and accepted for public use.
' RECREATIONAL CAMPING VEHICLE: A vehicle primarily designed as temporary living
quarters for recreational, camping, or travel use that either has its own motor power or is
mounted on or drawn by another vehicle.
t RECREATIONAL VEHICLE PARK: Any area or tract of land designed or used that
contains two or more spaces which are available for rent to the general public for parking or
placement of temporary recreational vehicles. This term does not include a parcel composed of
individually platted lots.
STREET TYPES: For purposes of these Regulations, street types are defined using the
Institute of Transportation Engineers Manual as follows:
a. Alley: Minor rights-of-way used primarily for vehicular access to the back or side
of properties that abut on and are otherwise served by public roads.
b. Arterial: Any major carrier of traffic which generally terminates at both ends at a
location that will produce more than 2,000 vehicles per day traffic, or upon which
the nature of the traffic is such that more than 60% of the vehicles are using the
street for mobility rather than land access. Typically they are located no more than
I mile apart.
1. Principal Arterial: A street which serves the major centers of a
metropolitan area, the highest traffic volume corridors, and the longest trip
desires, and which carries a high proportion of the total urban area travel on a
minimum of mileage.
2. Minor Arterial: A street that interconnects with and augments the principal
arterials, provides service to trips of moderate length at a lower level of travel
mobility than principal arterials, and distributes travel to geographic areas smaller
than those identified as principal arterials.
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C. Collector: A street that generally terminates at both ends at an arterial or collector
but because of location, curvilinear design, or limited feeder area will not
generally serve more than 2,000 vehicles per day, or the nature of the traffic is
such that approximately 50% of the traffic is using the street for land access and
50% for mobility. Typically they are located between arterial streets at no more
than one-half ('/z) mile from an arterial street.
d. Cul-de-sac: A street having only one outlet for vehicular traffic and terminating in
a turn-around area.
e. 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.
f. Half-Street: A portion of the width of a street, usually located along the perimeter
of a subdivision, the remaining portion of which street must be located on
adjacent property if the street is to be fully constructed.
g. Local Streets: A street or road having the primary function of serving abutting
properties, and the secondary function of moving traffic.
h. Loop: A local street which begins and ends on the same street, generally used for
access to properties.
SUBDIVISION: A division of land or land so divided which creates one or more parcels
containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United
States government section, exclusive of public roadways, in order that the title to or possession
of the parcels may be sold, rented, leased, or otherwise conveyed and includes any re-subdivision
and further includes a condominium or area, regardless of its size, that provides or will provide
multiple space for recreational camping vehicles or mobile homes (MCA §76-3-103(15)).
However, condominiums constructed on land divided in compliance with the Montana
Subdivision and Platting Act are exempt from the provisions of the Act (MCA §76-3-203).
SUBDIVISION, MAJOR: A subdivision that does not qualify for review as a minor
subdivision.
SUBDIVISION, FIRST MINOR: A subdivision of a parcel that has never been subdivided or
created by a subdivision, or has not resulted from a tract of record that has had more than five
parcels created from that tract of record under MCA.§ 76-3-201 or MCA §76-3-207 since July 1,
1973 (MCA §76-3-609(2)). Furthermore the first minor subdivision contains five or fewer lots,
and legal and physical access to all lots are provided and no land is required to be dedicated to
public use for parks or playgrounds.
SUBDIVISION, SUBSEQUENT MINOR: Divisions of land creating five or fewer lots that
are not first minor subdivisions from a tract of record.
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SUBDIVISION FOR RENT OR LEASE: A subdivision for rent or lease is created when any
portion of a parcel is rented or leased for the purposes of temporary or permanent residential or
commercial use. The rented/leased land is owned as one parcel under single ownership, which
can include a number of persons owning the property in common. Subdivisions created by rent
or lease are exempt from the survey and filing requirements of the Montana Subdivision and
Flatting Act (MSPA), but must be submitted for review and approval by the governing body
before portions thereof may be rented or leased (MCA §76-3-208).
SURVEYOR (REGISTERED LAND SURVEYOR): A person licensed in conformance with
' the Montana Professional Engineer's Registration Act (Title 37, Chapter 67, Mont. Code Ann.)
to practice surveying in the State of Montana.
TOWNHOME/TOWNHOUSE: A building or structure that has two or more one family
dwelling units erected as a single building, each being separated from the adjoining unit or units
by an approved fire wall or walls along individual property lines and providing for fee simple
1 ownership of land and dwelling unit.
TRACT OF RECORD: An individual 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 (MCA §76-3-103(17)(a)).
VICINITY SKETCH: A map included with a site plan or placed on a plat that enables the
viewer to clearly determine the location of a proposed subdivision in the City or County.
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16.3 SUBDIVISION REVIEW PROCEDURES.
16.3.1 Compliance with Local Regulations and State Law.
No subdivision of any lot, tract, or parcel of land shall be undertaken; no street, sanitary sewer,
storm sewer, water main, or other facilities in connection therewith shall be constructed, opened,
or extended for public use and travel, or for the common use of occupants of buildings except in
strict accordance with these Regulations and related State statutes.
16.3.2 Preapplication Meeting.
All owners of record, subdividers, and their authorized representative shall meet with the Planner
prior to submitting the required preliminary plat application. The purpose of this meeting is to
discuss these Regulations and standards and to familiarize the subdivider with the applicable
Laurel goals and objectives. The subdivider must provide a sketch plan of the proposed
subdivision for review and discussion. The sketch plan must be legibly drawn showing the rough
layout of proposed features in relation to existing conditions. The sketch plan may be made
directly on a topographic map with scale no greater than 1."=400' and sufficient to show all
required information. Approximate tract and lot boundaries, location of easements, utilities,
rights-of-way, parks and open spaces, roadways, and a description of general terrain, natural
features, existing structures and improvements, and proposed public improvements must be
included.
A. A Pre-Application Meeting Checklist specifying the items required for
subdivision application, review, and approval will be utilized to conduct the pre-
application meeting and must be signed by the Planner and the owners of record,
subdividers, or their authorized representatives attending the pre-application
meeting. This checklist will also identify State and local regulations and Growth
Policy provisions that apply to the subdivision review process.
B. In addition to the Pre-Application Meeting Checklist, applicants will also receive
a Preliminary Plat Submittal Checklist and a list of utility and service providers.
C. If during the review of the application the agent or agency designated by the
governing body contacts a public utility, agency, or other entity that was not
included on the list originally made available to the subdivider, the agent or
agency shall notify the subdivider of the contact and the time frame for response.
16.3.3 Major Preliminary Plat Application Submittal.
A. Required. The subdivider shall submit to the Planning Director or designee for
review and recommendation a preliminary plat of the proposed major subdivision,
which conforms, to the requirements of these Regulations. Information required
in submittal of plats and supporting documents shall be performed by or under the
supervision of a registered land surveyor or professional engineer licensed to
practice in the State of Montana as their respective licensing laws allow.
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B. Application submittal. Complete and sufficient application for major
preliminary plat approval shall be made to the Planning Office on or before 3:00
PM. of the first day of any given month. When the date of submittal falls on a
weekend or holiday, the submittal shall be on the following working day by 3:00
PM. The application form is provided in Appendix E "Preliminary Plat
Application" and must be accompanied by the required preliminary plat,
supporting documents, and applicable fee.
C. Review of Subdivision Application for Required Elements and Sufficiency of
Information:
1. Within five working days of receipt of a subdivision application and
review fee, the Planner shall determine whether the application contains all
required submission materials as required by Appendix F and shall notify the
subdivider, or with the subdivider's written permission, the subdivider's agent, of
the reviewing agent's or agency's determination. If the Planner determines that
elements are missing from the application, he/she shall identify those elements in
the notification.
2. Within 15 working days after the Planner notifies the subdivider or the
subdivider's agent that the application contains all of the required elements, the
Planner shall determine whether the application and required elements contain
detailed supporting information that is sufficient to allow for the review of the
proposed subdivision under the provisions of this chapter and shall notify the
subdivider or, with the subdivider's written permission, the subdivider's agent of
the reviewing agent's or agency's determination.
3. If the Planner determines that information in the application is not
sufficient to allow for review of the proposed subdivision, the Planner shall
identify the insufficient information in its notification. A determination that an
application contains sufficient information for review does not ensure that the
proposed subdivision will be approved or conditionally approved by the AGB and
does not limit the ability of the Planner or the AGB to request additional
information during the review process. The time limits provided in the preceding
paragraphs 1 and 2 herein apply to each submittal of the application until:
a. A determination is made that the application contains the required
elements and sufficient information; and
b. The subdivider or the subdivider's agent is notified.
4. After the Planner has notified the subdivider or the subdivider's agent that
an application contains sufficient information delineated herein, the AGB shall
approve, conditionally approve, or deny the proposed subdivision within 60
working days based on its determination of whether the application conforms to
the provisions of these Regulations. The subdivider and the Planner may agree to
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an extension or suspension of the review period, not to exceed one year, or a
subsequent public hearing is scheduled and held as provided in herein.
D. Preliminary Plat Contents and Submittal Copies.
1. Content. The preliminary plat shall clearly show on the face of the plat
the information listed in Appendix D "Preliminary Plat Requirements."
2. Copies. The subdivider shall provide the number of copies of the
preliminary plat as determined by the Planning Director or designee at the time of
the Preapplication Meeting. All plats shall be 24-inch by 36-inch size and/or 11-
inch by 17-inch size as specified by the Planning Director or designee. Electronic
copies of the plat shall be provided as follows; one copy in pdf, .jpg or .tif format
and one copy in either.dwg or dxf format is requested.
E. Supporting Documentation.
1. Required documents. The supporting information shall include those
documents listed in Appendix F "Required Supporting Documents for Major
Preliminary Plat Applications."
2. Required copies. The subdivider shall provide the number of copies of
the supporting documents as determined by the Planning Director or designee at
the Preapplication Meeting. All documents shall be typed and in a format
specified by the Planning Director or designee.
16.3.4 Staff and Agency Review.
A. Review procedure schedule. Upon receipt of a complete and sufficient major
preliminary plat application, the Planning Director or designee shall schedule the
plat before the City-County Planning Board.
B. Submittal distribution. Planning staff shall distribute the application to all
affected City and County Departments, local, state, and federal agencies, school
districts and public utilities for review as appropriate and indicate the review
timeframe. Failure of any agency to complete a review of a plat will not be the
1 basis for denial of the plat by the AGB.
C. Plat Review. The Planner shall review the major subdivision plat submittal and
make a list of issues, concerns, conditions, or recommendations and send out the
' list to the Planning Board members with the agenda of the meeting at which the
plat is to reviewed; a copy :must also be sent to the subdivider or his
representative.
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D. Hearing notice. The Planning Board shall hold a public hearing on all major
preliminary plat applications, placing a notice in a newspaper of general
circulation in Laurel not less than 15 days prior to the date of a public hearing.
The Planner shall also notify the subdivider and each property owner of record,
and each purchaser under contract for deed of record of property immediately
adjoining land included in the plat by certified mail not less than 15 days prior to
the date of hearing (MCA §76-3-605(3)).
E. Planner's Report. The Planner shall prepare a draft Findings of Fact (the effect
on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and wildlife habitat, and public health and safety as per
MCA §76-3-608(3)(a)) for review by the Planning Board. The Planner shall also
forward the recommendation of the Planning Board to the AGB, including basis
for such recommendation and its compliance with adopted Growth Management
Plan, the Bike/Ped Plan, and other adopted City and County plans and policies in
writing no later than 10 days after the public hearing (MCA §76-3-605(4)).
F. Subsequent Hearing. Before acting on the subdivision application, the AGB
shall determine whether, subsequent to the public hearing, new information has
become available or information that the public has not had a reasonable
opportunity to examine. If so, the AGB may act on the subdivision application
in accordance with this Chapter or schedule a subsequent public hearing for
consideration of only the new information that may have an impact on the
findings and conclusions that the AGB will rely upon in making its decision on
the proposed subdivision. The AGB may chose to hold the subsequent public
hearing or may direct the Planning Board to hold it. In either case, the subsequent
public hearing shall be held at the next scheduled meeting for which proper notice
for the public hearing on the subdivision application can be provided.
If a subsequent hearing is held, the 60 working day review period is suspended,
and the new hearing must be noticed and held within 45 days of the AGB's
determination to hold a subsequent public hearing. The 60- working day review
period will resume from the date of the subsequent public hearing. The governing
body may not consider any information that is presented after the subsequent
hearing (MCA §76-3-615).
G. Subdivider's Preference. The AGB shall give due weight and consideration to
the subdivider's expressed preferences if the AGB requires mitigation of
significant adverse impacts (MCA §76-3-608(5)(b)).
16.3.5 Governing Body Action.
A governing body may not deny approval of a subdivision based solely on the subdivision's
impacts on educational services (MCA §76-3-608(1)) or solely on failure to comply with the
GMPO (MCA §76-1-605(2)(b)).
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In reviewing a subdivision and when requiring mitigation, the AGB may not unreasonably
restrict a landowner's ability to develop land, but it is recognized that in some instances the
unmitigated impacts of a proposed development may be unacceptable and will preclude approval
of the plat (MCA §76-3-608(5)(a)).
The AGB shall send the subdivider written notice of its decision and the reason therefore. (MCA
§76-3-608(4)).
16.3.6 Preliminary Plat Approval Period.
The approval or conditional approval shall be valid for not more than three calendar years. At
the end of this period the AGB may, at the request of the subdivider, extend its approval for a
period of one year. The AGB may extend the approval for more than one year if that approval
period is included as a specific condition of a written Subdivision Improvements Agreement
(SIA) between the governing body and the subdivider (MCA §76-3-610(1)).
After the preliminary plat is approved, the governing body may not impose any additional
conditions as a prerequisite to final plat approval, providing the approval is obtained within the
original or extended approval period described above (MCA §76-3-610(2)).
16.3.7 Appeal Process.
A decision of the governing body regarding a proposed subdivision may be appealed to District
Court, as provided MCA §76-3-625.
i 16.3.8 Final Plat.
A final plat application shall be submitted for review and approval following the procedures
outlined in Section 16.3.13 of this Chapter prior to the expiration of the preliminary plat approval
period.
16.3.9 First Minor Subdivision from a Tract of Record.
Divisions of land creating five or fewer lots from a tract of record that has not been subdivided or
created by a subdivision under the Montana Subdivision and Platting Act or has not resulted
from a tract of record that has had more than five parcels created from that tract of record under
MCA §76-3-201 or MCA §76-3-207 since July 1, 1973 shall be reviewed as a minor subdivision,
hereafter referred to as a "first minor" (MCA §76-3-609). The requirement of holding a public
hearing does not apply to first minors (MCA §76-3-609(2)(d)(ii)). Unless the subdivision lies
within an area that has adopted zoning regulations, the application must include a draft Findings
of Fact (MCA §76-3-609(2)(c)).
First minors have to meet the same preapplication meeting requirements as major subdivisions.
A. First Minor Preliminary Plat Application Submittal.
Complete and sufficient application for first minor preliminary plat approval shall
be made to the Planning Director or designee on or before 3:00 PM. of fifteenth
day of any given month. When the date of submittal falls on a weekend or
holiday, the submittal shall be on the following working day by 3:00 PM.
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The application form, accompaniments, and review processes are the same as for
major subdivisions except that a draft Findings of Fact must be prepared by the
subdivider as part of the submittal, and no public hearing is held or environmental
impact assessment is required.
B. Review period. Upon receipt of a complete application, the AGB has 35 working
days to approve, conditionally approve, or deny the preliminary minor plat
application. The review period may be extended with consent of the subdivider
provided either in writing or given during a public Planning Board meeting or
public hearing.
16.3.10 Subsequent Minor Subdivisions
Divisions of land creating five or fewer lots that are not first minor subdivisions shall be
reviewed as major subdivisions (MCA §76-3-609(4)).
16.3.11 Subdivisions Qualifying for Expedited Review.
A. Eligibility. Subdivisions, hereafter referred to as "expedited review plats"
containing one or two parcels are eligible for expedited review when:
1. They meet the definition of a first minor subdivision from a tract of record;
2. Legal and physical access to all lots is provided;
3. No land in the subdivision will be dedicated to public use for parks or
playgrounds;
4. The plat has been approved by DEQ or County Environmental Health
whenever approval is required; and
5. No public improvements are required.
B. Preapplication Meeting Required.
C. Expedited Review Plat Application Submittal.
1. Required. The subdivider shall submit to the Planning Director or
designee, for review and recommendation to the AGB, a preliminary plat
and all accompaniments.
2. Checkprint. Prior to submitting the final plat on mylar, a subdivider must
submit six copies of a final plat application, six paper prints of the final
plat, six draft copies of the supporting documents to the Planning Director
or designee for review. The final plat application form is provided in
Appendix H "Expedited Final Plat Application" and the form and content
of the checkprint and the supporting documents are described in Appendix
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Subdivision Review Procedures
J "Final Plat Requirements." The final plat review fee and the subdivision
title commitment or title report are also required at this stage.
D. Final Plat and Supporting Documents Contents and Submittal Copies. The
subdivider shall submit one electronic copy in pdf, jpg or tif format and if
available, one copy in either AutoCad ® or ArcGIS ® format. The subdivider
must also submit one signed mylar original of the final plat. The form and
content of final plat is provided in Appendix J "Final Plat Requirements." The
final plat must be accompanied by a complete expedited review plat application
form as provided in Appendix H "Expedited Final Plat Application," a
subdivision title commitment or title guarantee prepared within the previous six
months, all supporting documents, and the required review fee.
E. Review Procedure. The Planner shall route the application, final plat, and
supporting documents to the appropriate City and County Departments and
officials for their signatures within sufficient time to assure the documents are
placed on the first available agenda of the AGB for their consideration and
authorized signatures.
F. Governing Body Action. At a regularly scheduled meeting, the AGB shall
consider the following information in deciding whether to approve or deny a final
plat:
1. The effect on agriculture, agricultural water user facilities, local services,
the natural environment, wildlife and wildlife habitat, and public health
and safety (MCA §76-3-608 (3)(a));
2. Consistency with the adopted GMP and Bike/Ped Plan; and
3. These Subdivision Regulations.
4. The governing body shall give due weight and consideration to the
subdivider's expressed preferences (MCA §76-3-608(5)(b)). The
governing body may not deny approval of a subdivision based solely on
the subdivision's impacts on educational services (MCA §76-3-608(1)), or
based solely on compliance with the GMP (MCA §76-3-605(2)(b)).
5. In the event the governing body denies the final plat, it shall send a letter
to the subdivider stating the reasons for the denial along with written
findings of fact (MCA §76-3-608(4)).
6. After all required signatures have been obtained; the plat shall be recorded
with the County Clerk and Recorder within 12 months of the date of
approval.
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16.3.12 Amended Plats
1 A. Required. A division of lots within a platted subdivision filed with the County
Clerk and Recorder that redesigns or rearranges six or more lots must be reviewed
1 and approved by the governing body and an amended plat must be filed with the
County Clerk and Recorder (MCA §76-3-207(2)(a)).
B. Eligibility. Amended plats shall be processed as first minor subdivisions if they
meet the following criteria:
' 1. Legal and physical access to all lots is provided;
2. No land in the subdivision will be dedicated to public use for parks or
1 playgrounds; and
3. The plat has been approved by DEQ or County Environmental Health
' whenever public drainage, or water and sewer systems are required.
4. Amended plats not meeting these criteria shall be reviewed as major
1 subdivisions.
C. Form and Content. An amended plat shall be entitled "Amended Plat" and
1 follow the form and content shown in Appendix D "Preliminary Plat
Requirements."
1 16.3.13 Final Plat Submittal Requirements
A. Required. After receiving a preliminary plat approval for a major, first minor, or
' subsequent minor, the subdivider may submit a final plat of the proposed
subdivision. The final plat shall incorporate all required conditions and changes
and conform to the approved preliminary plat and this Section.
1 B. Checkprint. Prior to submitting the final plat on mylar, a subdivider must submit six
copies of a final plat application, six paper prints of the final plat and six draft
copies of the supporting documents to the Planning Director or designee for
review. The final plat application form is provided in Appendix I "Final Plat
Application" and the form and content of the checkprmt and the supporting
documents are described in Appendix 1 "Final Plat Requirements". The final plat
1 review fee and the subdivision title commitment or title report are required at this
stage. The Planning Director or designee may require additional documentation
to ascertain whether the conditions of preliminary plat approval have been met.
1 The Planner shall notify the subdivider no later than fifteen (15) working days
after receipt of the checkprint of any changes required.
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C. Final Mylar Submittal. Application for final plat approval shall be submitted to
the Planning Director or designee at any time. The subdivider shall submit one
electronic copy in pdf, .jpg or tif format and if available, one (1) copy in either
AutoCad ® or ArcGIS ® format. The subdivider must also submit one signed
mylar original of the final plat. The form and content of final plat is provided in
Appendix J "Final Plat Requirements." The final plats must be accompanied by a
complete final plat application form as provided in Appendix I "Final Plat
I Application
D. Review Procedure. The Planner shall review the check print and accompanying
documents for compliance with the conditions for approval from the AGB. If in
compliance the Planner shall obtain the required signatures from City or County
officials and forward the final plat to the County Clerk and Recorder.
E. Approval Period. Final plat approval shall be in force not more than three (3)
years from the date of the governing body's approval. At the end of the period
' the governing body may, at the written request of the subdivider, after review and
recommendation of the Planning Board, extend its approval for no more than 12
months.
After all required signatures have been obtained, the plat shall be recorded with
the County Clerk and Recorder within the 12 months of the date of approval.
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16.4 DEVELOPMENT REQUIREMENTS.
16.4.1 General.
All subdivisions approved by the governing bodies must comply with the provisions of this
Chapter, except where granted a variance pursuant to Section 16.11.1, Variances, of these
Regulations. The requirements contained in this Chapter apply to subdivisions within the area of
the Laurel-Yellowstone City-County Planning Board.
1 16.4.2 Conformance with Zoning.
In addition to the standards outlined in this Chapter, the design and development of a subdivision
must conform to any applicable Laurel zoning regulations.
16.4.3 Improvement Design.
Engineering and survey plans, specifications, and reports required in connection with public
improvements and other elements of the subdivision required by these Regulations must be
prepared by a professional engineer or professional land surveyor as their respective licensing
laws allow in accordance with the Montana Subdivision and Platting Act (MSPA) and these
regulations.
1 16.4.4 Lots.
A. Regulation of Lots. Each lot must contain a building site that conforms to
Yellowstone City-County Health Department regulations, the Laurel Building
Code where applicable, the regulations of this Chapter, and other applicable State
or local regulations.
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B. Dimensions, Orientation, and Topography. The lot size, depth, shape, and
orientation shall be appropriate for the location, contemplated use of the
subdivision, and the zoning of the property. Areas within the subdivision with a
slope of 25% or greater shall be identified on the face of the preliminary and final
plats.
C. Frontage. Residential lots shall have a minimum of 32 feet of frontage on a
public right-of-way, public road easement, or private easement. Lots in
commercial and industrial districts shall have a minimum lot width frontage of 44
feet on a public right-of-way, public road easement, private easement, or through
a reciprocal access easement.
D. Division by Rights-of-Way. No single lot may be divided by a public road, alley,
or access easement.
E. Rural Lot Limitations. Residential or commercial lots not served by public
sewer or public water systems shall not be less in area than what is required by
DEQ regulations. There is nothing contained in this Chapter that shall be
construed as preventing DEQ or Yellowstone City-County Health Department
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Development Requirements
from requiring that all or any portion of a subdivision shall not be built upon, or
that the proposed lot sizes must be increased to ensure protection of public health.
F. Corner Lots. Design of corner lots must meet the following requirements:
' 1. Corner lots must be of sufficient size to provide a building site while
meeting the clear vision requirements specified in the most current
' American Association of State Highway and Transportation Officials
(AASHTO) Manual guidelines.
2. Residential corner lots adjacent to a street identified as a Principal or Minor
Arterial must have vehicular access only to an internal street in the
subdivision identified as a Collector or Residential street, except when
limited by topography or other physical constraints of the property.
G. Double Frontage Lots. Double frontage lots (see Figure 2.1) are allowable when
they are necessary due to topography and when a one- foot wide no-access
easement is provided for separation of residential development from railroad or
major street rights-of-way.
16.4.5 Blocks.
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1. Residential Areas: For any residential subdivision where an arterial street
abuts or runs through any portion of the subdivision, the subdivision plan
shall provide for lots to back up to the arterial street and provide a one-
foot wide no-access easement to prevent vehicle access to the arterial
street.
2. Commercial Areas: For any commercial subdivision where an arterial
street abuts or runs through any portion of the subdivision, the subdivision
plan shall provide for shared accesses to the arterial street or access via
internal roads with a one-foot wide no-access easement to prevent
uncontrolled vehicle access to the arterial street.
A. Size and Orientation. Length, width, and shape of blocks shall be determined
with consideration of the following:
1. Provision of adequate building sites suitable to the needs of the type of use
contemplated;
2. Needs for convenient and necessary access, circulation, traffic control and
traffic safety, and public safety; and
3. Limitations or opportunities created by the topography.
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B. Rights-Of-Way for Internal Non-motorized Connections. Public rights-of-way
for internal non-motorized connections within blocks will be required when
essential to provide circulation or safe access to schools, playgrounds, shopping,
transportation, and other community facilities. Pathways shall also be installed at
the end of cul-de-sacs where deemed appropriate by the AGB.
C. Block Numbering. All blocks shall be identified with Arabic numerals.
16.4.6 Streets and Roads.
A. Road Network Performance Standards. When evaluating a subdivision's road
network, subdividers and reviewing agencies shall take into consideration the
following criteria. These criteria were developed to ensure that all new lots are
provided access that is safe, convenient, and effective for future lot owners. The
proposed road network shall also enable emergency service providers to protect
life and property under emergency situations.
1. Every lot shall have documented legal and physical access.
2. Physical access shall be provided in conformance to the standards found in
the subdivision regulations.
3. There shall be right-of-way and road connections made when existing
roads or platted roads outside of the subdivision connect to the subject
parcel.
4. Proposed roads shall be looped or connected to other roads whenever
possible. Exceptions can be made when there are topographic features
that prevent connections or when the legal status of the road prevents
connection.
5. Dead end roads and/or driveways greater than 150 feet in length must have
an approved turn-around at their terminus.
6. Major and subsequent minor subdivisions shall have two points of access.
7. Dead end roads shall not be more than 600 feet in length.
8. When access roads cannot be installed as required above in #6 & #7 due to
location on property, topography, waterways, nonnegotiable grades or
other similar conditions, the fire department having authority may
recommend additional fire protection measures, including, but not limited
to, the installation of a secondary fire apparatus access road, additional
water supply, widening of roads, and/or additional pullouts or turnarounds.
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Figure 16A.A.1. Road Network Evaluation Flowchart
Every lot must have legal and physical access.
Subdivider to provide documentation.
Physical access must conform with the standards found in
the Subdivision Regulations.
Are there any existing roads, platted rights-of-way, or roads
proposed on the classification map that connect to the subject
property?
' Yes. No.
Then proposed roads Subdivider should consider
shall connect to these providing future
existing or proposed connections where
reads. appropriate.
Within the proposed subdivision, roads
shall be looped or connected. Exceptions
can be made when topography prevents.
------------.
..._.-.-.-.-.-.
Exceptions may be
considered due to
road location on
property,
topography,
waterways, non- !
negotiable grades
or other similar
conditions.
1
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Dead-end roads and/or driveways shall have an
approved turn-around at the end.
Major/subsequent minor subdivisions shall
have 2 points of access
Dead-end roads shall not be greater than 1000
feet in length.
!
In cases of exception, Fire Department may recommend installation of secondary
emergency access roads, additional water supply, widening of roads and/or
additional pullouts or turnarounds.
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B. Streets and Roads, General. The arrangement, type, extent, width, grade, and
location of all streets shall conform to any adopted area plans including, but not
limited to, the GMP and the Bike/Ped Plan and must be considered in their
relation to existing and planned streets, topographical conditions, public
convenience and safety, and the proposed uses of the land to be served by them.
1. Relation_ to Undeveloped Areas: When a proposed subdivision adjoins
undeveloped land, streets within the proposed subdivision shall be
arranged to allow access to the adjoining undeveloped land. Street right-
of-way within the proposed subdivision shall be provided to the boundary
lines of the tract to be developed, unless prevented by topography or other
physical conditions.
2. Relation to Developed Areas. The subdivider shall arrange the streets to
provide for the continuation of streets between adjacent developed
properties when such continuation is necessary for the convenient
movement of traffic, effective provision of emergency services, and
efficient provision of utilities. Such provision may be waived where the
adjacent land use is incompatible with the proposed subdivision, or when
prevented by topography or other physical conditions.
3. Separation of Through and Local Traffic. Whenever a subdivision abuts
or contains an existing or proposed highway, Arterial street, or Collector
street, the subdivider may be required to provide frontage roads, reverse
frontage lots with a no-access strip preventing access along the rear
property lines, planting or fencing screens, shared accesses, or other
treatment as may be necessary to adequately protect residential properties
and to separate through and local traffic.
4. Distance between Parallel Ri ht-of-Way. Where a subdivision borders on
or contains a railroad, limited access highway, canal, stream or ditch right-
of-way, the subdivider may be required to provide a street or easement
approximately parallel to and on each side of the right-of-way at a distance
sufficient to allow for the operations and maintenance of the intervening
land. Such distances shall also be determined with regard for the
requirements of approach grades and future grade separation.
5. Second Access: To facilitate traffic movement, the provision of
emergency services, and the placement of utility easements, all major
subdivisions and subsequent minor subdivisions shall provide a minimum
of two access roads built to the standards of this Chapter to all lots in the
subdivision. Provision of a second access may be required for first minor
subdivisions when deemed necessary for the health, safety, and welfare of
the new lot owners. If a second access cannot be provided for reasons of
topography or other physical conditions, the subdivider shall provide an
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emergency secondary access road, built to the standards detailed in
Section 16.4.12 of these Regulations.
6. Dead-end Roads. Dead-end access roads or driveways in excess of 150
feet shall not be permitted without an approved turn around at the
terminus. Where such roads or driveways terminate, the subdivider shall
provide a cul-de-sac or "hammerhead-T" turnaround conforming to the
design standards outlined in Figure 16.4.C.3. In cases where a dead-end
road may be extended in the future, a right-of-way easement or dedication
may be required to be provided.
7. Half Streets. Half streets are allowed when they are essential to the
subdivision, are beneficial to the AGB, or when the appropriate Public
Works Department is satisfied that the other half of the street will be
dedicated to the public when the adjoining property is subdivided. When
an existing half street is adjacent to a tract to be subdivided, the other half
I of the street must be platted within the new subdivision
8. Street Continuity. Streets that are a continuation of streets in contiguous
territory shall be so aligned as to assure that their centerlines shall coincide
and shall have matching names. In cases where straight continuations are
not physically possible, such centerline shall be continued by a centerline
offset of not less than 125 feet.
9. Tangent for Reverse Curves. A tangent shall be introduced where
necessary between reverse curves on Arterial and Collector streets as
determined by a Professional Engineer.
10. Deflected Street Lines to be Curved. When continuing street lines deflect
from each other at any one point by more than five degrees, they shall be
connected by a curve with a radius adequate to ensure stopping sight
distance at the center line of a street in accordance with the most current
American Association of State Highway and Transportation Officials
(AASHTO) Manual guidelines.
11. Intersections. Local streets shall be laid out so as to intersect as nearly as
possible at right angles and no local street shall intersect any other local
street at less than 80 degrees. Such angle of 80 degrees or greater shall be
retained for at least 50) feet back from the intersection. Any street
intersection involving an arterial and/or collector streets shall intersect at
90 degrees, shall be retained for at least 100 feet back from the
intersection. Not more than two streets shall intersect at any one point
unless warranted by design by a Professional Engineer and reviewed by
I the appropriate Public Works Department
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12. Lot Corners at intersections. Lot corners at all street intersections shall be
rounded with a minimum radius of ten feet.
13. Sight distance. The alignment of all streets and roads must provide
adequate sight distances in accordance with the most current AASHTO
Manual guidelines. Intersections must be designed to provide adequate
visibility for traffic safety based on the designed operating speeds of the
intersecting roadways.
14. Approach Permits. The subdivider shall obtain the applicable approach or
access permits for all new accesses to City and County roads. For any
new vehicular access onto a State controlled road or highway, the
subdivider shall obtain an approach permit approved by the Montana
Department of Transportation (MDT).
15. Street/Road Names and Addressing. New streets/roads aligned with
existing streets/roads shall have the same name as the existing street/road.
All new street/road names shall be approved by the Yellowstone County
GIS Department prior to final plat approval in order to avoid duplication
and confusion with names of existing roads. Lot addresses are assigned
by County GIS.
16. Street/Road Signs and Traffic Control Devices. Street or road signs and
traffic control devices of the size, shape, and height in conformance with
the standards contained in the Manual on Uniform Traffic Control Devices
must be placed at all intersections by the subdivider.
17. Central Mail Delivery. When required by the U.S. Postal Service, the
developer must provide a cluster/gang mailbox for mail delivery.
18. Road DesigLi and Im rovement Standards. All streets and roads, existing
or proposed, within and adjacent to a proposed subdivision shall meet the
design and improvement standards outlined in Section C of this Chapter.
C. Design and Improvement Standards for Subdivisions.
1. General. The design and improvement standards contained in this section
shall apply to all construction and reconstruction of streets and roads
within subdivisions.
2. Im rovement Desi . All street improvements shall be designed by and
constructed under the supervision of a professional civil engineer. All
improvements shall meet or exceed the right-of-way and construction
standards for the type of street to be constructed found within these
Regulations and adopted policies of the City and County Public Works
Departments as appropriate.
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3. Plans and Specifications. A complete set of professionally certified plans
and specifications shall be provided to the appropriate Public Works
Department prior to initiation of any street improvement construction.
The subdivider shall provide professional engineering services for
construction inspections and post-construction certifications. Record
drawings shall be submitted to the appropriate Public Works Department
upon completion of construction.
Post Construction Certifications shall include, but not be limited to, the
following:
a. Compaction test results;
b. Certification that all required improvements are complete;
C. Certification that the subdivider knows of no defects from any
cause in those improvements;
d. Certification that these improvements are free and clear of any
encumbrance or lien;
e. The method by which the one year guarantee is to be provided; and
f. A schedule of actual construction costs shall be filed with the
appropriate Public Works Department.
4. Traffic Accessibility, Study. Prior to AGB action on a preliminary plat, a
traffic accessibility study shall be prepared by a professional engineer,
with proven competence in traffic engineering and submitted with the
preliminary plat for any new residential, institutional, commercial, or
industrial development which will generate 500 or more vehicular trips per
day. A vehicular trip is defined as a one-way journey of a person in an
automobile or a transit vehicle. If the study indicates a need for the
installation of traffic signals, intersection improvements, or other off-site
street improvements to facilitate traffic flow generated by the entire
proposed development, the subdivider shall be responsible for his/her
proportional share of those improvements. The study shall include, but
not limited to the following:
a. Estimated number of vehicular trips per day;
b. Location of approaches;
C. Circulation patterns;
d. Location and type of traffic control devices;
e. Pedestrian safety;
f. Projected turning movements; and
g. Impacts on existing street intersections.
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Generation of an average of 500 weekda vehicle tri ends:
Land Use Threshold Values
Residential: (Rounded off values)
Single-family detached units 50 units
Mobile home 100 units
Lodging:
Motel 50 rooms
Institutions:
High school 400 students
Library 12,500 gross sq. ft.
Offices:
General office building 43,000 gross sq. ft.
Retail:
Shopping center 4,300 gross sq. ft.
High turnover sit-down 3,000 gross sq. ft.
restaurant
Source: Trip Generation, An Informational Report, Institute of Transportation Engineers
5. Street and Road Right-of-Way Dedication. All streets or alleys within, or
providing access to, the proposed subdivision shall be dedicated to the
public and accepted by the AGB except when an approved public access
easement or private road is provided in accordance with these Regulations.
6. Access easements. Where access to or within a subdivision is proposed
using access easements the subdivider must obtain or provide proper
easements of sufficient width to satisfy the requirements of Table 16AC.1.
The easement shall meet the following:
a. Easements must be granted by all property owners whose land the
easement(s) cross in a signed and notarized document to be
recorded with the final plat.
b. The location of any road easement must be shown on the plat if it
is within the subdivision or on a supplemental exhibit if it is off
site. The existence of easements must be noted on the face of the
final plat and on any deeds or other instruments conveying lots
within the subdivision.
C. All newly created easements shall be written so that they are
easements appurtenant that run with the benefited land.
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7. Private Roads. Private roads may be allowed within a subdivision if
access is restricted with a permanent gate or some other acceptable means
at the subdivision entrance. A private road easement shall be provided
meeting the criteria listed under Section 16.4C.6 above. A mechanism for
maintenance of any private roads shall be established prior to final plat
approval.
8. Right-of-Way and Street Widths. Street right-of-way and surface widths
for all roads, public or private, shall be provided as shown in Table
16.4.C.1 below.
Table 4.6.C.1. Required Dedications and Street Improvements for
Subdivisions
Street Type ` Right` Road Dane Parking, lame Median Path-,vay
of Wa. Width Width Width Width Width
width
Principe]
A rurial
6 ]apes w/center 120' 92'" 12'/14'** 14' S'
:.hull-lane
4laxles
w/center tum- 120' 92'* 12'/14'** --- 14' 5'
lane
Minor Arterial
4 l l
e
s ' "
,
.,i
tillIIfgtifijl 100 6,S 12'
- 14' i.'
2 larle§
wAiiedian
1
12'
14'
C4rawercial
-Collector
21;we 8t1° 44'* 14' S' ti
l:uie sv/center SA' 421* 14'
- 14' 5'
tum lark
Residential
Cnikctor
? lax:' 70 - ,40' 12' S. 5'
?lams w/center
turn auc so` 5(r, 12, $' 14' 5'
?[„"Slllent1711 ..-....-
-Loi recess
?
-r ' 12 A/$ J
' '
70]i40) feet 67 28 1 2 --- ---
V&-Sac
j feel Ar 24' min l0 nls
* Widths to be provided if warranted by a Traffic Accessibility Study.
** Interior lane(s) is 12 feet and the outside lane is 14 feet.
n/s No width is specified.
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9. Shoulders. Shoulders shall be required on both sides of all roads where no
curb and gutter or parking lanes are required. The shoulders shall be two
feet wide and graveled, and must meet the specifications of the appropriate
Public Works department.
10. Alleys. Proposed alleys in both residential and commercial subdivision
shall meet the following standards:
a. The width of an alley shall be a minimum of 20 feet.
b. Alley intersections and sharp changes in alignment shall be
avoided, but where necessary, corners shall be designed to permit
single unit truck movement.
C. Dead-end alleys shall be avoided where possible, but if
unavoidable, shall be provided with adequate turnaround facilities
at the end.
11. Gradin Cut and Fill. All streets and alleys within or adjacent to the
subdivision shall be excavated or filled to the grade established by these
Regulations.
12. Base Construction: The type of base required will vary depending on the
nature of the existing material and with the particular type of traffic to be
accommodated and shall be approved by the appropriate Public Works
department prior to use. (See Figures 16A.C.1. and 2.)
13. Street surfacin : All roads within or adjacent to the subdivision shall be
paved where they connect to an existing paved road. Also pavement
surface shall be required on all streets where a majority of the lots are less
than 25,000 square feet in area, and standards for such surfacing shall be
according to City or County specifications unless otherwise warranted by
Engineering design. (See Figures 16A.C.1.)
In lieu of pavement, a gravel surface may be allowed on streets where a
majority of the lots are greater than 25,000 square feet in area or no
existing paved roads connect to the subdivision. Standards for gravel-
surfaced roads shall be according to City or County specifications unless
otherwise warranted by Engineering design. (See Figure 16.4.C.2.)
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Figure 16A.C.1.
STANDARD ASPHALT SECTION
q
30.0' _ 30.0'
3 14.0' 14-0'
Vares 6.0' 12.0' 12.0' Varies
2% 2%
-3 in of AC Pavement
-3 in of 1 '/z" Minus Crushed Gravel
12 in of 3" Minus Pitrun
Compacted 5ubgrade
Figure 16.4C.2.
30.0'
3
0
d
STANDARD GRAVEL SECTION
Varies 6.W 14.0'
30.0'
3
O
14.0' 1 6.0' 1 Varies
- -
-7 - 3
0
2%
/ --3 in of 1 '/2" Minus Crushed Gravel
? l2 in of 3" Minus Pitrun
Compacted Subgrade J
Street Grades. All street grades shall conform to the requirements of the City or County.
Street grades shall not exceed the following, with due allowance for reasonable vertical curves
and intersection treatment.
Street Type Percent Grade
Arterial 4
Collector 7
Local Access 12
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15. Pedestrian Pathways/Connections: Pedestrian pathways shall be installed
with all streets where a majority of the lots are less than 25,000 square feet
in area. In lieu of, or in combination with, the required pathways, the
subdivider may construct an approved multi-use bicycle/pedestrian path or
trail that is connected and accessible to all lots. Required pathway widths
shall follow those listed in Table 16A.C.1. It is recommended that
pathway, multi-use path, or trail designs follow the standards provided in
the adopted Bike/Ped Plan.
16. Access_ Driveways: Access driveways are defined as an access serving
one or two lots and not more than five dwellings. Accesses serving more
than two lots or five dwellings shall be considered a road, and shall be
built to the road standards outlined in these Regulations. An approach
permit is required for all new access driveways. New driveways shall
meet the following standards:
In residential subdivisions, the maximum driveway width shall be 30 feet.
The minimum distance between driveways shall be 25 feet.
In commercial and industrial subdivisions, the maximum driveway width
may be up to 50 feet when approved by the AGB. The minimum distance
between driveways shall be 25 feet.
In any allowable location, no driveway width shall be less than 12 feet
wide.
Only one driveway shall be provided to any single residential lot unless
otherwise approved by the AGB or designee. Additionally, in cases where
a lot fronts on a collector or arterial road currently carrying or projected to
carry more than 500 vehicles trips per day or where site distances warrant,
the AGB may require shared access drives among lots. The AGB may
permit more than one driveway for commercial lots.
In cases where an access driveway is in excess of 150 feet in length, it
shall have a minimum unobstructed width of 20 feet, and shall have an
approved turn-around at its terminus. (See Figure 16.4.C.3 for acceptable
design standards for turn-arounds.)
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Figure 16.4.C.3. Access Driveway Acceptable Turnarounds
1,20' HAM'MERHF:;AD
` $:7 ?,1:PA WU
26' R j
AC( EIPTASL .ALTERt*IADVE.
TO 123° HAMMERHEAD
i
A'CC:E.'PTA Lz_ ALTERNATIVE 67 CUL-bC SAC
TO i ?:C.': HAMMEP:HEAD
' Width as Re.gnired by Table 2:3-446.B.1
* = Twenty (20) feet minimum unless otherwise
required.
D. Multi-Use Trails, General: When applicable, subdivisions shall be reviewed for
consistency with the Bike/Ped Plan to provide multi-use trail routes for safe,
convenient, non-motorized transportation routes throughout the planning area.
1. It is recommended that all new subdivisions provide a 20-foot-wide multi-
use trail easement across the property if the Bike/Ped Plan indicates that a
proposed multi-use trail route crosses the subdivision property.
2. If the Bike/Ped Plan indicates that a proposed trail route crosses the
subdivision property, and a segment of the corridor has already been
provided on adjacent property, then the subdivision shall provide a 20-foot
wide trail easement to connect to the trail segments at the property lines to
provide for a continuous trail route.
Laurel Subdivision Regulations 2006
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3. When parkland dedication is required and the Bike/Ped Plan indicates that
a proposed trail route crosses the subdivision property, dedication of linear
park land including a trail easement may be considered as all or a portion
of the required parkland dedication. (See Section 16.10.3 of these
Regulations)
16.4.7 Storm Drainage Facilities.
A. General: Facilities and design for storm water drainage shall be provided in
accordance with standards set by DEQ. If there is no existing storm drainage
system in the area or if the existing system has insufficient capacity to carry the
additional discharge, the subdivider shall provide an on-site area for retention or
detention with controlled outlet capacity, if needed.
B. Drainage Discharge: Discharge of storm drainage is subject to the following:
Storm drain systems shall not discharge into sanitary sewer facilities.
Storm drain systems shall not discharge into agricultural water user's facilities
without the written permission of the appropriate irrigation district.
Storm water detention or retention ponds may be located within public parkland at
the discretion of the Park Board and the AGB. Such areas shall not count toward
the parkland dedication requirement unless they are approved by the Park Board
and the AGB, designed to serve as an amenity to the park, and fit into the planned
uses and improvements to the park. (See Section 16.10.4 of these Regulations.)
C. Easements: Easements may be required between lots and along public rights-of-
way to manage storm drainage in subdivisions.
D. Location of Facilities: If any onsite retention or detention facility is used it shall
be included as part of the lots, public right-of-way, or parkland. No separate
parcels shall be created exclusively for such facilities.
E. System Maintenance: If any onsite retention or detention facilities are utilized,
unless otherwise provided, a special maintenance district shall be created prior to
filing the final subdivision plat in order to provide funds for the maintenance of
such facilities.
F. Future Improvements: If any onsite retention or detention facility is used, a
waiver of right to protest the creation of a future storm drain system special
improvement district shall be executed by the subdivider and recorded and filed
with the final plat.
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16.4.8 Sanitary Sewer and Water Systems.
A. If an boundary the subdivision is within 500 feet of a
any public sanitary sewer or
water system, the subdivider must connect to the public sewer or water and install
sanitary sewer and/or water system facilities in accordance with the requirements
of the sewer or water district involved and the standards of DEQ.
The governing body may grant a waiver of the requirement to connect to a public
system if the subdivider demonstrates that connection to the public system is
physically or economically impractical or if the district or utility refuses to
provide service. For purposes of this Section, a connection is economically
practical if the cost is less than or equal to three times the cost of installation of an
approvable system on the site.
B. Where individual septic systems or water wells are proposed, the systems must, at
a minimum, meet the standards set forth in Montana Administrative Rules, Title
17, Chapter 36 (Subdivisions/Onsite Subsurface Wastewater Treatment) and
obtain approval from DEQ, if less than 20 acres in size, or by the Yellowstone
County Environmental Health Department if over 20 acres in size.
16.4.9 Utilities.
A. All new utilities serving the subdivision including electricity, cable television, and
telephone shall be placed underground, with the exception of fire hydrants, cable
closures, alignment markers, etc. Easements for utilities shall be clearly indicated
on the plat.
1. Easements across lots or centered on common rear or common side lot
lines shall be provided for public utilities and shall be at least 16 feet wide;
easements located along perimeter lot lines shall be at least 8 feet in width.
The width of an easement may vary depending upon the utility company
serving the subdivision.
2. Utility facilities shall be designed by utility firms in cooperation with the
subdivider, subject to applicable laws and rules and regulations of any
appropriate regulatory authority having jurisdiction over such facilities.
B. Where a subdivision is proposed partially or wholly within Laurel's airport
influence area, as shown on the Laurel Zoning Map, a perpetual air rights
easement shall be executed and submitted with the plat.
16.4.10 Watercourse and Irrigation Easements (MCA §76-3-504(1)0)(k)(1)).
A. Easements for irrigation facilities within the subdivision: Easements are
required to be shown by metes and bounds on the face of the preliminary and final
plats for all drainage ways, irrigation canals/ditches and their laterals, and below-
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ground pipelines that traverse the property to be subdivided and for the future use
of the subdivision lot owners or homeowners' association.
B. Easements through the subdivision for the benefit of downstream water
users: Easements are required to be shown by metes and bounds on the face of
the preliminary and final plats for all drainage ways, irrigation canals/ditches and
their laterals, and below-ground pipelines on the property being subdivided that
are necessary to convey water through the subdivision to lands adjacent to or
beyond the subdivision boundaries in quantities and in a manner that is consistent
with historic and legal rights. In addition, an easement document shall be recorded
with the final plat. The easements provided shall meet the following standards:
Easements shall be provided in locations of appropriate topography and sufficient
width to allow the physical placement and unobstructed maintenance of open
ditches or below ground pipelines for the delivery of water for irrigation to
persons and land legally entitled to the water under an appropriated water right or
permit of an irrigation district or other private or public entity formed to provide
for the use of the water right on the subdivision lots;
Easements of a sufficient width to allow for construction, repair, maintenance,
and inspection of the ditch shall be provided. The easement width shall be based
on the policy of the appropriate irrigation district; and
The easement document shall prohibit the placement of structures or the planting
of vegetation other than grass within the ditch easement without the written
permission of the water users.
C. Additional Provisions:
The realignment or relocation of active irrigation ditches or pipelines is
discouraged when said facilities are located outside of public right-of-way. If an
irrigation facility is proposed to be realigned or relocated, the developer shall
obtain written permission of the appropriate irrigation district and/or water user
and the subdivider's Professional Engineer shall certify prior to final plat approval
that the water entering and exiting the realigned or relocated irrigation facility is
the same quality and quantity that entered or exited the facility prior to
realignment or relocation.
New storm water generated from a subdivision shall not be discharged into an
irrigation facility unless the subdivider receives written approval from the
appropriate agricultural water user facility prior to final plat approval.
D. Irrigation Drainage:
Easements are required to be shown by metes and bounds on the face of the
preliminary and final plats for all drainage ways.
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Irrigation drainage ditch must have easement and written permission to cross
property owned by others.
E. Additional Provisions:
Additional provisions regarding Irrigation Drainage are as shown in Section
16.4.10(C) above.
16.4.11 Disposition of Water Rights (MCA §76-3-5040)(i)).
If a subdivision will create lots averaging less than five acres in size, the subdivider shall submit
evidence with the final plat indicating that either A. and B., below, or C., below, has been
provided:
A. Reservation and transfer of water rights: The subdivider shall reserve all or a
portion of the water rights on the land to be subdivided and transfer these water
rights to a single entity for use by landowners within the subdivision who have a
legal right to the water. Any remaining surface water rights from the land shall
be reserved and severed; and
B. Establish landowner's water use agreement: If the land to be subdivided is
subject to a contract or interest in a public or private entity formed to provide for
the use of a water right on the subdivision lots, the subdivider shall establish a
landowner's water use agreement administered through a single entity. This
agreement must specify how the water rights will be administered and describe
the rights and responsibilities of landowners within the subdivision who have a
legal right and access to the water; or
C. All rights reserved and severed: All surface water rights shall be reserved and
severed from the land proposed for subdivision.
16.4.12 Fire Protection Requirements.
To ensure a reasonable level of fire protection and life-safety for the public and firefighters, an
approved water supply capable of the required water flow for fire protection shall be provided, in
accordance with this Section and the applicable fire code, to all premises upon which facilities,
buildings, or portions of buildings are hereafter constructed or moved into the jurisdiction.
A. Definitions:
Exposure: Any structure more than 200 square feet in size.
Dry Hydrant System: A permanent piping system with an underground static
water supply which provides year-round, frost-free access to a water source other
than a pressurized municipal water source.
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Residential dwellings: Residential occupancies where the occupants are
primarily permanent in nature and where buildings do not contain more than two
dwelling units, or child care facilities that provide accommodations for five or
fewer persons of any age for less than 24 hours. This shall include buildings
arranged for occupancy as residential care/assisted living facilities including more
than five but not more than 16 occupants, excluding staff.
Approved: Acceptable to the Laurel Volunteer Fire Department
B. Minor Subdivisions: For all minor subdivisions creating three to five lots, the
subdivider shall provide a minimum of one of the following mechanisms for fire
suppression:
A pressurized fire hydrant system meeting the flow requirements of the applicable
Fire Code and National Fire Protection Association (NFPA) 1142.
An approved, single, minimum 10,000-gallon underground water storage tank
with approved dry hydrant type fittings located not more than one-half road mile
from the furthest structure in the subdivision. If an approved existing
underground water storage tank is located within one-half road mile from the
furthest structure of the proposed subdivision, it may be used to meet this
requirement. In either case, the dry hydrant shall be constructed to the standards
set forth by this Section.
reviewed and approved by the Laurel Fire Department having
jurisdiction and the AGB.
C. Major, Commercial, and Subsequent Minor Subdivisions. The subdivider
r shall provide a minimum of one of the following mechanisms for fire suppression:
A pressurized fire hydrant system meeting the flow requirements of the applicable
Fire Code and NFPA 1142.
Anapproved, single minimum 30,000 gallon underground water storage tank
with approved dry hydrant type fittings located not more than one-half road mile
from the furthest structure in the subdivision. If an approved existing
underground water storage tank is located within one-half road mile from the
furthest structure of the proposed subdivision, it may be used to meet this
requirement. In either case, the dry hydrant shall be constructed to the standards
set forth by this Section.
Any other method reviewed and approved by the Fire Department and the AGB.
D. Dry Hydrant Specifications: If the dry hydrant option for fire suppression is
utilized, the hydrant shall be constructed to the following standards:
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All dry hydrant systems shall be designed and constructed to provide a minimum
flow of 1,000 gallons per minute (gpm) of draft.
Dry hydrants shall have a minimum clearance of 20 feet on each side and be
located a minimum of 100 feet from any structure. Approved pullouts or other
design features shall be constructed to ensure that highway or road traffic shall
not be impaired during use of the dry hydrant.
Dry hydrants shall be located to be accessible under all weather conditions.
The water container shall be a clean fiberglass or concrete tank, approved by the
Fire Department.
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To ensure safety of design, functionality, installation, maintenance, and proper
appropriation of financial resources, the Laurel Fire Department shall approve all
aspects of tank location, construction design, type of materials, pipe, and system
fittings.
E. Water supply maintenance: The subdivider shall establish a Rural Special
Improvement District (RSID) prior to final plat approval that ensures the
continual operation and maintenance of the water supply system. If the Laurel
Fire Department determines that the water supply system is not being adequately
maintained, the Department may maintain or repair the system. The cost of such
maintenance may be levied against the real property within the subdivision and
may be foreclosed in any manner allowed by law.
All underground water supply tanks shall be available for use by any Fire
Department responding to any fire within the jurisdiction where the fire is
occurring.
F. Emergency Secondary Access Roads: In the event that an emergency
secondary access road is approved as a means of providing a second access to a
subdivision, as required by Section 16.4.6 of these Regulations, it shall be built to
the following standards:
Emergency access roads shall be designed to a minimum unobstructed surface
width of not less than 20 feet and shall be constructed to adequately support a 40-
ton vehicle with a surface so as to provide all weather driving capabilities. The
road shall be constructed to County standards (see Figure 16.4.F.1). Where
requested by the Fire Department, gates or other approved barricades shall be
required at either end of the road to restrict through-traffic. A sign shall be fixed
to each gate in a conspicuous manner. The sign shall read "EMERGENCY
ACCESS ONLY" using black letters not less than two inches wide and six inches
high on a white retro reflective background.
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Prior to construction, a cross-sectional design of the road including location,
section, surfacing, and drainage, and design of gates or barriers shall be submitted
to and approved by the Laurel Fire Department and an Engineer licensed in the
State of Montana. The storm drain design shall accommodate runoff during a ten-
year storm event to ensure that there is no blockage of the roadway in the event of
an emergency. The drainage shall not encroach into the travel way.
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Emergency access roads will be assigned a name by the Laurel Fire Department.
In order to ensure the roads are entered into and reflected on the County GIS
mapping system, the road shall be shown on the plat along with the name
assigned to the road. Emergency access roads will not have conventional street
signs identifying them by the assigned name.
One set of final plans showing corrections/revisions after review and approval
shall be submitted to the Fire Department, and one set of final plans shall be
provided to County GIS to ensure that the emergency access road and road name
are entered into the GIS mapping system.
Figure 16.4.F.1
EMERGENCY SECONDARY ACCESS LOAD SECTION
15-0'
C?
15.0'
Varies 4.0' 10.0' 10.0' Varies
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a 2% 2% a
-3 in of 1 ''Y2" Minus Crushed Gravel
12 in of 3" Minus Pitrun
Compacted Subgrade
16.4.13 Noxious Weed Control.
In order to comply with the Montana County Weed Control Act, Title 7, Chapter 22, Part 21,
Mont. Code. Ann., all proposed City and County subdivisions must enter into a weed
management plan agreement with the County Weed Board. Approval of the final plat will be
contingent on a Weed Board-approved weed management and included in the subdivision's SIA.
Subdivision weed management plans require completion of application forms obtained from the
Yellowstone County Weed Control Department, a site map that will allow for inspection of the
proposed development, and payment of the inspection fee prior to performance of the required
inspection.
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Mitigation of any identified existing noxious weed species will be required as well as planned re-
vegetation of all disturbed areas within the proposed subdivision.
16.4.14 Flood Hazard Evaluation.
If any portion of a proposed subdivision is within the floodway of a flood of 100 year frequency
as defined by Title 76, Chapter 5, Mont. Code Ann. and the Federal Emergency Management
Agency (FEMA), or deemed subject to flooding by the County, or if any portion of a proposed
subdivision is within 2,000 horizontal feet and less than 20 vertical feet of a live stream draining
an area of 25 square miles or more, the flood hazard evaluation criteria found in Appendix O
shall be applied, as appropriate.
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16.5 GUARANTEE OF PUBLIC IMPROVEMENTS.
16.5.1 Subdivision Improvements Agreement (SIA).
Prior to granting approval of the final plat by the AGB the subdivider shall have installed all of
the required improvements as stipulated in these Regulations, or shall, prior to receiving
approval of the final plat, enter into a written SIA with the AGB guaranteeing the construction
and installation of all required improvements in conformance with all adopted policies, standards
and resolutions. The agreement shall stipulate, among other things, which type of security
arrangements and timetable acceptable to the AGB the subdivider elects to use, the subdivider's
plans for accomplishing the required improvements, and an agreement that the subdivider shall
guarantee all improvements for a period of one year from the date of acceptance by the AGB.
(See Appendix K for SlA Template.)
16.5.2 Security Guarantee.
The subdivider shall provide a monetary security guarantee from the following methods in the
amount of 125% of the estimated total cost or actual construction contract amount of installing
all required improvements including engineering and administration fees, as estimated by a
Professional Engineer and approved by the appropriate Public Works Department.
A. Irrevocable letter of credit. The subdivider shall provide, from a financial
institution or other reputable institution subject to the approval of the AGB or
designee, an irrevocable letter of credit (See Appendix M for Letter of Credit
Template). This letter shall be deposited with the AGB and shall certify the
following:
1. That the creditor does guarantee funds of the required amounts, as
estimated by the subdivider's Professional Engineer and approved by the
appropriate Public Works Department, for completing all required
improvements;
2. That, in the case that the subdivider fails to complete the specified
improvements within the required time period, the creditor shall pay to the
AGB immediately, and without further action, such funds as are 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 AGB or designee; and
4. That the letter of credit shall be renewed from year to year until such time
the improvements are completed.
B. Bond. The subdivider shall provide a surety bond to guarantee the funds to
complete improvements, subject to any requirements of the bonding company.
The bond shall be payable to the AGB and shall remain in effect until the
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improvements have been completed and accepted by such governing body. The
subdivider shall bear all costs associated with the provision of the guarantee.
C. Sequential development. Where a subdivision is to be developed in phases, a
phasing plan shall be prepared by the subdivider, and reviewed and approved by
the AGB with the preliminary plat. The phasing plan shall be included in the SIA
and shall describe which lots are included in each phase, what improvements shall
be completed with each phase, and the approximate completion date of each
phase. Improvements included in the first phase shall be constructed or
guaranteed using one of the acceptable monetary security guarantees prior to final
plat approval by the AGB. Lots within subsequent phases shall be restricted from
being transferred or developed. A "Restrictions on Transfers and Conveyances"
contract shall be entered into for subsequent phases by the subdivider and the
governing body and shall be filed with the final plat documents with the Clerk and
Recorder (see Appendix N for Restrictions of Transfers and Conveyances
Template). A release on the restrictions on transfers and conveyances may be
filed with the Clerk and Recorder only after the necessary improvements for each
particular phase are constructed, approved, accepted by the AGB, or guaranteed
using one of the acceptable monetary security guarantees.
D. Other. Any other method that may be acceptable to the Planning Board and the
AGB.
16.5.3 Reduction of Guarantees.
The amount of the approved guarantee may be reduced upon installation and. acceptance by the
AGB of the required improvements. The amount of the reduction shall not exceed the
percentage that the accepted improvements made up of all originally required improvements.
16.5.4 Release of Guarantee.
Upon completion of required improvements by the subdivider and acceptance of them by the
AGB, all in conformance with this Chapter, the City shall authorize the release of any remaining
portion of the improvement guarantee up to 90% of the original amount. The retraining 10%
will be released after any deficiencies are corrected after the one-year warranty inspection.
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16.6.1 General.
16.6 SUBDIVISIONS FOR RENT OR LEASE
A. Purpose. A subdivision for rent or lease is created when any portion of a parcel
is rented or leased for the purposes of situating a temporary or permanent
residential or commercial structure owned by the renter or lessee. The
rented/leased land is owned as one parcel under single ownership, which can
include a number of persons owning the property in common. Examples of
subdivisions for rent or lease include, but are not limited to, manufactured home
and recreational vehicle parks.
B. Review and approval required. Subdivisions created by rent or lease are exempt from
surveying and final plat filing requirements but must be submitted for review by the
Planning Board and approval by the AGB before portions thereof may be rented or leased
(MCA §76-3-208). Approval is based on the criteria found in Chapter 16.3 of these
Regulations with the addition that the preliminary and final plans for Subdivisions
for rent or lease shall show the following:
1. A layout of all spaces proposed for rent or lease.
2. Location of common areas and facilities.
3. Parks and/or recreation areas.
4. Landscaping plan if required by these Regulations.
5. In lieu of a final plat, subdivider shall submit an unsurveyed final
plan drawn to scale.
C. Zoning requirements. Subdivisions for rent or lease, within the Laurel zoning
jurisdiction must comply with such zoning.
16.6.2 Manufactured Home and RV Park Development Requirements.
A. Manufactured home/RV spaces.
1. The number of allowed spaces is limited to what is approved on the final
plan.
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2. Spaces must be arranged to permit the safe and practical placement and
removal of manufactured homes.
3. All manufactured homes/RVs must be located a minimum of 20 feet from
all perimeter boundary lines.
4. The manufactured home pad must be located at least ten feet from the
street that serves it.
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a typical crown section, an invert section, or a straight warp section. All
streets shall bordered on at least one side by either a sidewalk of a
minimum width to meet the current Americans with Disabilities Act
(ADA) standards or a pedestrian pathway.
4. The minimum pavement width for streets with no on-street parking shall
be 20 feet.
5. The minimum pavement width for streets with on-street parking on one
side shall be 28 feet.
6. The minimum pavement width for streets with on-street parking along
both sides shall be 36 feet.
7. Curvilinear streets shall have no centerline curve with less than a 100-foot
radius. At intersections, the inside edge of the paved street shall have a
minimum of a 20-foot radius.
8. All streets shall intersect at an angle of 90 degrees except where the
subdivider has obtained a variance from the AGB.
9. The layout near street intersections shall be such that a clear vision area is
maintained. Stopping sight distance on curves shall be as required on
subdivision streets.
10. All traffic-control devices used shall comply with the current edition of
the Manual on Uniform Traffic Control Devices.
C. Fire protection.
1. All manufactured home/RV parks shall be located within a local fire
district or fire service area.
2. The manufactured home park shall provide an adequate water supply for
fire suppression needs, following the requirements as found in Section
16.4.12 of these Regulations. The means for fire protection shall be
subject to approval by the local fire district and the AGB.
D. Health standards/license requirement.
In addition to the criteria of these Regulations, manufactured home and RV parks
must also meet the minimum standards of the Montana Department of Public
Health and Human Services (MDPHHS) under Title 50, Chapter 52, Mont. Code
Ann. and the requirements of the Montana Department of Environmental Quality
(MDEQ) under Title 50, Chapter 60, Mont. Code Ann. The AGB shall not grant
final approval of a manufactured home and/or recreational vehicle park until the
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subdivider first obtains the applicable licenses and approvals for the facility from
MDPHHS and MDEQ.
E. Additional provisions.
1. Manufactured home/RV parks shall meet the parkland dedication
requirements as outlined in Section 16.10 of these Regulations.
2. Parks located adjacent to industrial, commercial, or lower-density
residential land uses shall provide screening such as fences or natural
growth along the property boundary lines separating the community from
such adjacent uses.
3. Parks shall have a sign near the main entrance showing the park layout.
4. Centralized mail delivery shall be provided at one or more location within
the park. Location and design of such group mail collection site(s) shall
be reviewed and approved by the U.S. Postal Service and the appropriate
Public Works Department.
5. It shall be unlawful to operate a manufactured home/RV park without
holding a valid, annual license issued by the MDEQ
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16.7 CLUSTER DEVELOPMENTS AND PLANNED NEIGHBORHOOD
DEVELOPMENTS (MCA §76-3-509)
16.7.1 Purpose.
The purpose of this Section is to promote maximum flexibility in the design of new
developments and to encourage innovation within a framework of timely, efficient, and flexible
design review. Developments that utilize innovative, progressive planning and site design
techniques and methods to allow a mixture of land uses, densities, setbacks, and building .heights
are encouraged. Cluster developments are encouraged where community resources are present
and desirable for protection or preservation. Those areas include but are not limited to wildlife
habitat, river and stream corridors, wetlands, historical or archeological sites, or prime
agricultural lands. Planned Neighborhood Developments are encouraged where the proposed
development is in excess of 20 acres and diversity in land uses is desirable.
16.7.2 Definitions.
Cluster Development: A cluster development is a subdivision creating five or more lots
clustered in a group that is designed to concentrate building sites on smaller lots in order
to reduce capital and maintenance costs for infrastructure via concentrated public services
and utilities while allowing other lands to remain undeveloped. A minimum of 30% of
the area within the subdivision shall be reserved for open space owned by common
ownership (MCA §76-3-103(2)).
Maximum Density Calculation: The maximum number of residential dwelling units is
calculated by dividing the gross square footage of the cluster development area (including
any open space area) by the required lot area in the underlying zoning district. In cases
where lots are not zoned, the maximum density shall be calculated by dividing the gross
area of the property by the minimum lot area to meet the MMDEQ standards.
Master Plan: A master plan is a site plan for a Planned Neighborhood Development that
shows lots, blocks, streets, alleys, and areas for various land uses including open space
within the development. The master plan shall be part of the subdivision approval and
any significant change to such master plan shall be considered an amended subdivision.
Planned Neighborhood Development: A Planned Neighborhood Development (PND) is
a subdivision consisting of a planned mixture of land uses such as residential clusters,
industrial parks, shopping centers, and/or office building parks built in a prearranged
relationship to each other and having open space and community facilities in common
ownership or use (MCA §76-3-103(10)).
16.7.3 Cluster Development General Requirements.
?. A. Cluster development may be applied to any residential subdivision of five or more
lots. The subdivision shall generally conform to the GMP and the underlying
zoning district(s) although the lots may be smaller in area than required in the
underlying zoning district.
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B. The maximum size of any developed parcel or lot within a cluster development is
175,000 square feet.
C. A minimum of 30% of the total area within the subdivision shall remain
undeveloped in a cluster development. The undeveloped parcel(s) must be
protected in perpetuity to prohibit further division of the parcel.
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D. Cluster developments are exempt from the review criteria in Section 16.3 of these
Regulations (MCA §76-3-509(e)(ii)) and from the parkland dedication
requirements in so far as the cluster development meets or exceeds parkland
dedication requirements.
16.7.3.1 Design Standards and Applications for Cluster Developments.
A. The Cluster Development subdivision shall follow all applicable review
procedures, as outlined in Section 16.3 of these Regulations.
B. Site Analysis Map. If an environmental assessment is required as part of the
preliminary plat application it should include the following information on a site
analysis map:
1. Property boundaries;
2. All streams, rivers, lakes, wetlands and other hydrologic features;
3. Topographic contours with a minimum of 5-foot intervals; where lots are
proposed on slopes 10% or less, contours must be shown at 2-foot
intervals;
4. All proposed open space areas;
5. General vegetation characteristics;
6. General soil types;
7. The planned location of protected open space;
8. Existing roads and structures; and
9. Potential connections with existing open space, parks and trails.
C. Open Space Management Plan. An open space management plan, as described
in Section 16.7.3.1(G) of this Chapter, shall be prepared and submitted with the
preliminary plat application. This plan will be reviewed as a supporting
document of the preliminary plat. Review and recommendations to the governing
body on the proposed open space management plan will be prepared by the
Planner.
D. Instrument of Permanent Protection Required. An instrument of permanent
protection as detailed in MCA §76-6-101 et seq., the Open-Space Land and
Voluntary Conservation Easement Act, shall be provided for the open space
concurrent with the application for final plat approval.
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E. Maximum Density. The maximum number of dwelling units shall be calculated
by dividing the gross area of the subject property, including the open space, by the
required lot area of the underlying zoning district. In the case where the subject
property is not zoned, the maximum density shall be calculated by dividing the
gross area of the property by the minimum lot area to meet MDEQ standards.
Unless prohibited by MDEQ standards, the applicant need not demonstrate the
development capability of the land to calculate the maximum dwelling unit
density.
F. Other Requirements. The applicant shall adhere to requirements of the
underlying zoning district(s) with the exception of minimum lot area per dwelling
unit (see maximum density above). The proposed number of dwelling units shall
not exceed the maximum density, but each dwelling unit may be placed on a lot of
less than the minimum lot area required by the underlying zoning district(s).
G. Open Space.
1. At least 30% of the gross area of a cluster development shall be reserved
as open space.
2. Resource Protection Areas. The following are considered resource
protection areas and are required to be included within the open space
when present. These resource areas must be mapped and shown on the
preliminary plat.
a. The 100-year floodplain.
b. Riparian zones of at least 75 feet in width along all perennial and
intermittent streams.
C. Wetlands that meet the definition used by the Army Corps of
Engineers pursuant to the Clean Water Act.
d. Populations of endangered or threatened species, or habitat for
such species.
e. Archaeological sites, cemeteries and burial grounds, or historic
sites listed as such with any state or federal agency.
3. Other Resource Areas. The following are considered important resource
areas and may or may not be included within the open space at the
discretion of the subdivider.
a. Historic sites or structures not listed as such with state or federal
agencies.
b. Existing native forests or prairie of at least one-acre contiguous
area.
C. Other significant natural features and scenic view sheds such as
ridgelines, peaks and rock outcrops, particularly those that can be
seen from public roads.
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d. Prime agricultural lands of at least two contiguous acres.
e. Existing trails that connect the tract to neighboring areas.
f. Areas at the base of any ridgeline or rimrock of at least one
contiguous acre.
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4. Above-ground utility rights-of-way and small areas of impervious surface
may be included within the protected open space. Such areas shall make
up not more than 5% of the required open space area.
5. At least 75% of the open space shall be in a contiguous tract of a
minimum size of one acre. The open space should adjoin any neighboring
areas of open space, other protected areas, and non-protected natural areas
that would be candidates for inclusion as part of a future area of protected
open space.
6. The open space should be directly accessible to the largest practicable
number of lots within the subdivision. Non-adjoining lots shall be
provided with safe, convenient access to the open space.
7. Uses of open space may include the following:
a. Conservation of natural, archeological or historical resources;
b. Meadows, woodlands, wetlands, wildlife corridors, game
preserves, or similar conservation-oriented areas;
C. Walking, bicycle trails, or other multi-use trails;
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e. Passive recreation areas, such as open fields;
Active recreation areas;
f. Agriculture, horticulture, silviculture, or pasture uses, provided
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g. that all applicable best management practices are adhered to;
Landscaped storm water management facilities approved by the
County, community wastewater disposal systems and individual
wastewater disposal systems located on soils particularly suited to
such uses;
h. Easements for drainage, access, and underground utility lines; and
i. Other conservation-oriented uses compatible with the purposes of
this Section.
8. Prohibited uses of Open Space:
a. Golf courses;
b. Roads, parking lots, and impervious surfaces, except as
specifically authorized in the previous Sections;
C. Agricultural and forestry activities not conducted according to
accepted Best Management Practices;
d. Impoundments; or
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e. Other activities as determined by the subdivider and recorded on
the legal instrument providing for permanent protection.
9. Ownership and Management of Open Space. Open space shall be
' owned by one of the following entities:
a. The open space may be dedicated to the public as public parkland.
Acceptance of the open space shall be at the discretion of the
governing body, as recommended by the appropriate Park Board,
or
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b. A homeowners
association representing residents of the
subdivision may own the open space. Membership in the
association shall be mandatory and automatic for all homeowners
within the subdivision and their successors. The homeowners'
association shall have lien authority to ensure the collection of
dues from all members.
C. Management Plan. The subdivider shall submit a plan for
management of open space and common facilities that:
(1) Allocates responsibility and guidelines for the maintenance
and operation of the open space and any facilities located thereon,
including provisions for ongoing maintenance and for long-term
capital improvements;
(2) Estimates the costs and staffing requirements needed for
maintenance and operation of, and insurance for, the open space
and outlines the means by which such funding will be obtained or
provided;
(3) Provides that any changes to the Management Plan be
approved by the Planning Department, or in the case of publicly
owned open space, approved by the appropriate Park Board; and
(4) Provides for enforcement of the Management Plan.
d. Maintenance.
(1) Open space dedicated to the public shall be maintained
according to the Management Plan by a Park Maintenance District
(PMD) to be established prior to final plat approval.
(2) Open space owned by a homeowners' association shall be
maintained according to the management plan by the homeowners'
association. In the event the party responsible for maintenance of
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the open space fails to maintain all or any portion in reasonable
order and condition, the AGB may assume responsibility for its
maintenance and may enter the premises and take corrective
action, including the provision of extended maintenance. The
costs of such maintenance may be charged to the association, or to
the individual property owners that make up the association, and
may include administrative costs and penalties. Such costs shall
become a lien on all subdivision properties.
10. Legal Instrument for Permanent Protection of Open Space.
a. Privately owned open space shall be protected in perpetuity by a
binding legal instrument that is recorded with the deed. The
instrument for permanent protection shall include clear restrictions
on the use of the open space. These restrictions shall include all
restrictions contained in this Section as well as any further
restrictions the applicant chooses to place on the use of the open
space.
b. Tax Assessment of Open Space. Once a legal instrument for
permanent protection has been placed upon the open space, the
County Board of Assessment shall be directed to reassess the open
space at a lower value to reflect its more limited use. If the open
space is used purely for passive recreational purposes and the
terms of the instrument for permanent protection effectively
prohibit any type of significant economic activity, then the
assessment shall be at a value of zero.
16.7.4 Planned Neighborhood Development General Requirements.
A Planned Neighborhood Development (PND) project is intended to encourage the use of
improved techniques for the development and arrangement of a mixture of land uses more than is
available under conventional zoning regulations or land restrictions that separate land uses into
distinct zones. It is further the intent of PNDs to allow for the integration of housing, business
and community facilities, and to allow for the preservation of the natural environment through
efficient utilization of open space.
A. A PND may be applied to any mixed use subdivision of five or more lots. The
subdivision shall be generally consistent with the adopted GMP. The underlying
zoning district(s), land use designations, building setbacks, and other limitations
shall be used as a general guide. The subdivider is encouraged to design the PND
to allow a mixture of land uses, densities, setbacks and building heights.
B. The maximum size of any proposed lot within a PND is 350,000 square feet.
C. The minimum size for any area designated for common use by the residents or
owners within the PND or by the public is one contiguous acre. The area may be
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designated for active or passive recreation, for conservation purposes, or for any
other use in common by the residents and owners of the PND or by the public.
D. PNDs are exempt from the review criteria in Section 16.3 of these Regulations
and parkland dedication requirements in so far as the PND meets or exceeds
parkland dedication requirements of Section 16.10
E. PNDs shall comply with all other requirements of these Regulations and shall be
considered a Special Review use for purposes of the City Zoning Ordinance.
16.7.5 Design Standards and Applications for Planned Neighborhood Developments.
A. The PND shall follow the applicable review procedures as outlined in Section
' 16.3 of these Regulations. If an environmental assessment is required as part of
the preliminary plat application, a site analysis map must be prepared and shall
follow the same requirements as for cluster developments.
B. PNDs are allowed in any zoning district as a Special Review use done
concurrently with the preliminary plat application. The PND shall provide
' opportunities for mixed land uses, including housing types and densities,
recreation, and neighborhood services such as schools, community centers, fire or
police stations, libraries, and places of employment.
C. Master Plan: A master plan must be submitted showing the proposed design and
land use areas of the development. The master plan should be of sufficient detail
to determine build-out population, traffic circulation and control requirements,
permitted uses or mix of uses within each area, building envelopes for each
developed lot, recreation areas, and open space. If open space is provided it shall
conform to the requirements of 16.7.3.1(G) of this Section.
The master plan must also show development phasing and construction timing for
' each phase of the subdivision including any construction or improvements for
public parks, trails, community centers, fire and police stations, schools, or other
public facilities that will serve the PND. Each development phase must contain
mixed uses and housing densities. Common elements such as playgrounds, parks,
neighborhood service areas, and community centers must be included for
development within each phase of the development.
The PND must be consistent with the GMP and other plans adopted by Laurel.
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D. Examples of Cluster Development designs.
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E. Examples of Planned Neighborhood Developments Designs.
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16.8 CONDOMINIUMS AND TOWN HOMES
16.8.1 Condominium Development.
A. Exemptions. All condominium developments are subdivisions subject to the
terms of these Regulations except those exempted by MCA §76-3-203 as
described below.
1. The approval of the original division of land expressly contemplated the
construction of the condominiums, and any applicable park dedication
requirements in MCA §76-3-621 are complied with; or
2. The condominium proposal is in conformance with applicable local
zoning regulations where local zoning regulations are in effect.
B. Procedures. All condominium developments, which are not exempt from
subdivision review are subject to the applicable procedures contained in Section
16.3, Subdivision Review Procedures or Section 16.6, Subdivisions for Rent or
Lease. The applicable subdivision procedure will be based on:
1. Whether a division of land is to be created;
2. The number of proposed units; and
3. Whether the land is a first or subsequent minor subdivision.
16.8.2 Town home Development.
All town home developments are subject to the applicable procedures contained in Section 16.3
of these regulations and MCA §76-3-103(2). The applicable subdivision procedure will be based
on:
A. The number of proposed units; and
B. Whether the land is a first or subsequent minor subdivision.
16.8.3 Standards.
A. Condominium and town home developments shall comply with those standards
contained in Section 16.4, Development Requirements, and Section 16.10, Parks,
Trails, and Open Space.
B. All buildings and structures in a condominium or town home development shall be
located at least 20 feet from the property line adjoining a public right-of-way or
' private access easement, and 10 feet from all other perimeter property lines.
C. Condominium developments shall comply with all applicable provisions of the
' Unit Ownership Act - Condominiums, Title 70, Chapter 23, Mont. Code Ann., as
amended.
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16.9 ENVIRONMENTAL ASSESSMENT.
16.9.1 Purpose.
The environmental assessment is a tool by which to evaluate a proposed subdivision's impact on
the natural environment, adjacent properties, local services, and the community as a whole.
From this evaluation the most appropriate course of action can be determined to mitigate any
negative impacts created by the subdivision. The environmental assessment is required by MCA
§76-3-603, unless otherwise exempted.
16.9.2 General Requirements.
A. Major Subdivision. The subdivider shall provide an environmental assessment
with the submittal of the preliminary plat containing the following information:
1. A description of the surface and ground water, geology and soils,
vegetation, and wildlife within the area of the proposed subdivision, as
required by Section 16.9.3, Environmental Description Contents, of
these Regulations.
2. A community impact report containing an analysis of anticipated impacts
of the proposed subdivision on the community and local services as
required by Section 16.9.4, Community Impact Report Contents, of
these Regulations.
3. A summary of probable impacts of the proposed subdivision based on the
criteria described in MCA §76-3-608 as required by Section 16.9.5,
Summary of Probable Impacts, of these Regulations.
4. Additional relevant and reasonable information related to the applicable
regulatory criteria per MCA §76-3-501 as may be required by the AGB or
designee.
B. Subsequent Minor Subdivision. An environmental assessment must accompany
the preliminary plat and shall include only the summary of probable impacts of
the proposed subdivision based on the criteria described in MCA §76-3-608, as
required by Section 16.9.5, Summary of Probable Impacts, of these
Regulations.
C. Exemptions. The following subdivisions shall not be required to submit an
environmental assessment:
1. A first minor subdivision from a tract of record (MCA §76-3-609(3)).
2. A subdivision qualifying for expedited review as described in Section
16.3.11 of these Regulations.
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3. Other subdivisions that satisfy all of the following criteria (MCA §76-3-
608(7)):
a. The proposed subdivision is completely within an area adopted by
the Growth Policy pursuant to MCA §76-1-601, et seq.
b. The proposed subdivision is located within zoning pursuant to
MCA §76-2-201 through MCA §76-2-328.
C. The proposed subdivision is located within an area where a long-
range public works development program (i.e. Capital
Improvements Plan) has been adopted.
16.9.3 Environmental Description Contents.
A. Surface Water.
1. Locate on a plat overlay or sketch map all surface water and the delineated
floodways that may affect or be affected by the proposed subdivision
including natural water systems (streams, lakes, rivers, or marshes),
artificial water systems (canals, ditches, aqueducts, reservoirs, irrigation or
drainage systems), and land subject to flooding (see also Section 16.4.14
and Appendix. O, Flood Hazard Evaluation).
2. Describe all surface water that may affect or be affected by the proposed
subdivision including name, approximate size, present use, and time of
year that water is present.
3. Describe the proximity of proposed construction (such as buildings, sewer
systems, roads) to surface water.
4. Describe any existing or proposed stream bank or shoreline alterations
and/or any proposed construction or modification of lakebeds or stream
channels. Provide information on the location, extent, type, and purpose of
any proposed alteration.
5. Please indicate which of the following water quality permits have been or
will be applied for and describe the reasons why these permits are
required.
PERMIT AGENCY
310 Permit Local Conservation District
SPA 124 Permit Department of Fish, Wildlife and Parks
Floodplain Permit County Floodplain Administrator
Section 404 Permit, Section 10 Permit U. S. Army Corps of Engineers
318 Authorization Department of Environmental Quality
Navigable Rivers Land Use License or Easement
Department of Natural Resources and Conservation
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B. Ground Water.
1. Using available information, provide the estimated seasonal minimum and
maximum depth to the water table, dates on which these depths were
determined, and the location and depth of all known aquifers that may be
affected by the proposed subdivision.
2. Provide a description of any steps necessary to avoid the degradation of
groundwater and groundwater recharge areas.
C. Geology/Soils/Slopes.
1. Using available information locate on a plat or overlay any known
geologic hazards affecting the proposed subdivision which could result in
property damage or personal injury due to any of the following: rock falls
or slides; land, mud or snow slides; high water table, unstable or expansive
soil conditions, slopes greater than 25 percent.
2. Explain the measures that will be taken to prevent or materially lessen the
danger of future property damage or injury due to existing geologic
hazards.
3. Provide a statement describing any unusual soil, topographic or geologic
conditions on the property, which may limit the capability for construction
or excavation using ordinary and reasonable techniques. The statement
should address conditions such as shallow bedrock, high water table,
unstable or expansive soil conditions, and slope. Describe the location and
amount of any cut or fill three or more feet in depth. Where cuts or fills
are necessary, describe prevention of erosion and the promotion of re-
vegetation, such as replacement of topsoil and grading.
4. Include soil reports obtained from the USDA, Natural Resource and
Conservation Service (NRCS) containing the physical properties and
engineering indexes for each soil type, the soil limitations for sanitary
facilities, building site development, and water features for each soil type.
Describe any special design methods planned to overcome the soil
limitations.
D. Vegetation.
1. Indicate the distribution of the major vegetation types and identify critical
plant communities as identified by the NRCS.
2. Describe measures to preserve trees and critical plant communities (e.g.,
design and location of roads, lots and open spaces).
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E. Wildlife.
1. Describe species of fish and wildlife that inhabit the area affected by the
proposed subdivision.
2. Identify on an exhibit map any known critical or "key" wildlife areas, such
as big game winter range, migration routes, waterfowl nesting areas,
habitat for rare or endangered species, and wetlands.
3. Submit the impacts of the proposed development on fish and wildlife as
identified by the Montana Department of Fish, Wildlife, and Parks
(MFWP). Provide a written statement outlining any recommendation of
MFWP and any mitigation efforts to mitigate adverse impacts.
16.9.4 Community Impact Report Contents.
A. Impact on agriculture and agricultural water user facilities.
1. Describe the number of acres in crop production and whether the property
is in whole or in part a viable farm unit, e.g. was the property under
production during the last regular season.
2. Describe the uses of land within the vicinity of the proposed subdivision.
3. Describe existing irrigation rights on the property and whether the rights
will be transferred, retained by the original owner, or severed.
4. Explain any modification or relocation of ditches or any casements to be
provided with the subdivision. The subdivider shall notify the affected
ditch company of the subdivision and shall obtain permission to reroute or
alter the ditch in any way.
B. Impact on local services and public health and safety.
1. Water Supply.
a. Describe how water will be provided for domestic use and fire
protection.
b. Indicate the number of gallons per day of water the proposed
subdivision will require and whether the water supply is sufficient
to meet the needs of the anticipated population of the subdivision.
Describe any anticipated effects on existing water systems or wells
within the area.
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C. Based on available information, specify whether the proposed
water supply satisfies the standards set forth by MDEQ for quality,
quantity and construction criteria.
d. If connection to an existing public, community, or shared water
system is proposed, identify and describe the existing system and
approximate distance to the connection from the proposed
subdivision.
(1) Provide written evidence that permission to connect to that
system has been obtained.
(2) Provide information regarding the capacity of the existing
water system and its adequacy for serving the proposed
subdivision.
C. If a new community or shared water system is proposed, identify
who will install that system, and how the system will be
maintained.
f. If individual water systems are proposed, describe the adequacy of
supply of ground water for individual wells or cisterns and the
method used to determine adequacy.
2. Sewage Disposal.
a. Describe the proposed method of sewage disposal.
b. Indicate the number of gallons of effluent per day that will be
generated by the proposed subdivision at full occupancy, whether
the proposed method of sewage disposal is sufficient to meet the
anticipated needs of the subdivision, and whether it meets the
standards of MDEQ
.
C. If connection to an existing public sewer system is proposed,
provide a description of the system and the approximate distance
from proposed subdivision.
(1) Provide written evidence from the appropriate sewer
jurisdiction granting permission to connect to that system shall be
submitted with the preliminary plat.
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(2) Provide information regarding the insta
maintenance, and phasing of any proposed public sewage disposal
system.
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d. If a new community or shared sewer system is proposed, identify
who will install that system, and how the system will be
maintained.
e. If individual septic systems are proposed, describe the location and
specifications of septic systems.
3. Solid Waste Disposal.
a. Provide evidence that there is an existing solid waste collection
and disposal system available that can accommodate the
anticipated additional volume.
b. If no existing collection and disposal system is available, describe
the proposed method of solid waste collection and disposal.
C. Describe how the proposed system satisfies the standards set forth
by MDEQ.
4. Storm water.
a. Provide calculations indicating how much storm water run-off will
be generated as a result of the proposed development.
b. Provide a description of the proposed storm water collection and
drainage systems that satisfy the standards set forth by Section
16.4.7.
5. Roads.
a. Describe any proposed access roads or substantial improvements to
existing public or private access roads.
b. If connections to any existing roads are proposed, identify all
access permits that are necessary from the City, County or State.
C. Discuss whether any of the individual lots or tracts have access
directly to arterial roads.
d. Explain any proposed closure or modification of existing roads.
e. Describe provisions considered for dust control on roads.
f. Explain how road maintenance will be provided to meet MDEQ
guidelines for prevention of water pollution and erosion.
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plan to mitigate fire hazard in accordance with the fire department
having jurisdiction.
C. Describe any health or safety hazards on or near the subdivision,
such as mining activity, high-pressure gas lines, dilapidated
structures or high voltage power lines. These conditions should be
accurately described and their origin and location identified and
any proposed mitigation.
8. Schools.
a. Describe the available educational facilities that would service this
subdivision.
b. Provide an estimate of the number of school children that will be
generated from the proposed subdivision and provide the basis for
the estimate.
C. Provide information regarding whether increased enrollment can
be accommodated by the present personnel, facilities and the
existing school bus system. This should include any
recommendations of the administrator(s) and plans to mitigate
adverse impacts of the proposed development on the provision of
educational services.
9. Parks and Recreation Facilities.
a. Describe any park and recreation facilities to be provided within
the proposed subdivision and other recreational facilities that may
serve the subdivision.
b. State how the required parkland dedication is being satisfied.
C. Land Use.
1. Indicate compliance with zoning encompassing all or part of the proposed
subdivision. If the proposed subdivision is located near the jurisdictional
area of an incorporated city or town, state whether annexation is proposed.
2. Describe how the subdivision will affect access to any public lands. Where
public lands are adjacent to or near the proposed development, describe
present and anticipated uses for those lands.
3. Describe the effect of the subdivision on adjacent land uses.
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4. Describe any on-site or off-site land uses creating a nuisance, such as
unpleasant odors, unusual noises, dust or smoke.
D. Historical Features.
Provide a letter from the State Historic Preservation Office (SHPO) indicating
whether any historic features such as paleontological, archeological or cultural
sites, structures, or objects are present on the subject property. If such features are
present, provide a written statement outlining any recommendations of SHPO and
any plans for inventory, study and/or preservation and mitigation for any adverse
impacts.
E. Visual Impact.
1. Describe any efforts to visually blend development activities with natural
surroundings.
2. If the subdivision is located near the Yellowstone River or the Rimrocks,
describe any potential impacts to these natural amenities. Discuss any
mitigation efforts to preserve the views.
3. Provide information regarding revegetation after construction and any
proposed landscaping to be provided along streetscapes.
16.9.5 Summary of Probable Impacts
A. Describe the effects the proposed subdivision has on the following:
1. Agriculture;
2. Agricultural water user facilities;
3. Local services;
4. The natural environment;
5. Wildlife and wildlife habitat; and
6. Public health and safety.
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16.10 DEDICATION OF PARKS, TRAILS, AND OPEN SPACE
16.10.1 Park Land Dedication Requirements (MCA §76-3-62]).
A. Except as provided in Sections 16.10.7 and 16.10.8 herein, a subdivider shall
dedicate to the City a cash or land donation equal to:
1. 11% of the area of the net land proposed to be subdivided into parcels of
one-half acre or smaller;
2. 7.5% of the area of the net land proposed to be subdivided into parcels
larger than one-half acre and not larger than one acre;
3. 5% of the area of the net land proposed to be subdivided into parcels
larger than one acre and not larger than three acres; and
4. 2.5% of the area of the net land proposed to be subdivided into parcels
larger than three acres and not larger than five acres.
B. Park dedication requirements for subdivisions that provide for multi-family and
condominium developments, and that provide permanent, multiple spaces for
recreational camping vehicles or manufactured homes are as follows:
L 11 % of the area of the net land proposed to be developed at a density of
one dwelling unit per half acre or less;
2. 7.5% of the area of the net land proposed to be developed at a density of
between one dwelling unit per half acre and one dwelling unit per one
acre;
3. 5% of the area of the net land proposed to be developed at a density of
between one dwelling unit per one acre and one dwelling unit per three
acres; and
4. 2.5% of the area of the net land proposed to be developed at a density of
between one dwelling unit per three acres and one dwelling unit per five
acres.
C. The governing body, in consultation with the subdivider, the Planning Board, and
the City or County Park Boards may determine suitable locations for parks and
playgrounds and, provided that consideration is given to the preference of the
subdivider, may determine whether the park dedication must be a land donation,
cash donation, or a combination of both. The combination could include some
land dedication to meet the requirement with the cash-in-lieu balance going
toward park improvements on the land dedicated. In determining whether land or
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cash is suitable, proximity to existing parks, including schools and other public or
private recreational facilities shall be considered.
D. A Park Maintenance District shall be formed or expanded with any new parkland
dedication.
16.10.2 School Land Dedication in Lieu of Park Land Dedication (MCA §76-3-621(8)).
Subject to the approval of the governing body and acceptance by the Laurel School Board of
Trustees, a subdivider may dedicate land as required by herein to the school district.
16.10.3 Linear Park Land Dedication for Trail Corridors.
To be consistent with Laurel's Bike/Ped Plan Heritage Trail Plan, City and County GMP's, and
the Yellowstone River Greenway Master Plan linear parks for trails may be counted toward the
required parkland dedication.
16.10.4 Storm water Detention/Retention Ponds in Parks.
Storm water detention or retention ponds may be located within public park land, but such areas
shall not count toward the park land dedication requirement unless they are designed and
constructed to serve as an amenity to the park and fit into the planned uses and improvements to
the park. An example of a storm water detention area that is an amenity to a park could be
several ponds with water features connecting them designed to have a trail around them with
picnic shelters.
16.10.5 Determining Cash Contribution for Park Land.
Upon submittal of a final plat application, the subdivider shall provide one of the following to
verify the fair market value of the land being subdivided that supports the cash contribution for
park land the subdivider is providing:
A. A Comparative Market Analysis performed by a licensed realtor that meets the
following criteria:
1. It provides the per acre sale price of at least three comparable parcels of
land;
2. The comparable sales must have occurred within one year of the date of
the subdivision final plat application submittal; and
3. The comparable sales must be within two miles of the subdivision.
B. A raw land appraisal by a licensed appraiser.
C. The sale price of the property being subdivided if it was purchased within one
year of the date of the subdivision final plat application submittal.
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16.10.6 Use of Dedicated Money or Land for Parks (MCA §76-3-621(5)).
The appropriate governing body shall use the dedicated money or land for development,
acquisition, or maintenance of parks to serve the subdivision and community as follows:
A. The governing body may use the dedicated money to acquire, develop, or
maintain, within its jurisdiction, parks, or recreational areas, or use the money for
the purchase of public open space or conservation easements only if:
1. The park, recreational area, open space, or conservation, easement is
within a reasonably close proximity to the proposed subdivision within the
City;
2. the Council has formally adopted a park plan that establishes the needs
and procedures for use of the money; or
3. Complies with the adopted Comprehensive Parks Plan for the City.
B. The governing body may not use more than 25% of the dedicated money for park
maintenance.
16.10.7 When Park Land Dedication May Not Be Required (MCA §76-3-621(2)).
The following subdivisions may not require parkland dedication:
A. A minor subdivision.
B. Land proposed for subdivision into parcels larger than five acres.
C. Subdivision into parcels that are all nonresidential.
D. A subdivision in which parcels are not created, except for condominiums and
when that subdivision provides permanent multiple spaces for recreational
camping vehicles or mobile homes.
E. A subdivision in which only one additional parcel is created.
F. Cluster Developments and Planned Neighborhood Development.
16.10.8 Waiving Park Land Dedication Requirement (MCA §76-3-621(6)).
The governing body shall waive the park dedication requirement if
A. The subdivision 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 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 these
regulations.
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B. The subdivision provides long-term protection of critical wildlife habitat; cultural,
historical, or natural resources; agricultural interests; or aesthetic values; and the
area of the land proposed to be subdivided, by virtue of providing long-term
protection is reduced by an amount equal to or exceeding the area of the
11 dedication required under Section 16. 10.1 of these Regulations.
C. The area of the land proposed to be subdivided, by virtue of a combination of the
provisions of Sections 16.10.8(A) and (B) is reduced by an amount equal to or
exceeding the area of the dedication required under Section 16. 10.1
D. The subdivider dedicates land outside of the subdivision to be set aside for park
and recreational uses sufficient to meet the needs of the persons who will
ultimately reside in the subdivision; and the area of the land equals or exceeds the
area of the dedication required under Section 16.10.1.
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16.11 ADMINISTRATIVE PROVISIONS.
16.11.1 Variances.
The AGB may grant reasonable variances from the design and improvement standards of these
Regulations when strict compliance would result in undue hardship and the result would not
negatively affect public health and safety. The granting of a variance shall not have the effect of
nullifying the intent and purpose of these Regulations. The AGB may not approve a variance that
would permit structures within the 100-year floodplain, as defined in MCA §76-5-101.
A. Requesting a Variance. The subdivider shall include with the submission of the
preliminary plat a written statement describing the facts of hardship upon which
the request for the variance is based. Each requested variance shall be deemed a
separate application, for which a fee shall be required, to be processed
concurrently with the preliminary plat. Information addressing each of the
following findings shall accompany the application to be approved by the AGB.
The latter shall not approve variances unless the subdivider has demonstrated that
the request satisfies the following findings:
1. The granting of the variance will not be detrimental to the public health,
safety, or general welfare or injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape, or topographical
conditions of the specific property involved, an undue hardship to the
owner would result if the strict letter of the regulation was enforced;
3. The variance will not result in an increase in taxpayer burden;
4. The variance will not in any manner place the subdivision in
nonconformance with any adopted zoning regulations or Growth Policy;
and
5. The subdivider must prove that the alternative design is equally effective
and the objectives of the improvements are satisfied.
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B. In granting variances, the AGB may require conditions of approval that will, in
their judgment, secure the objectives of these Regulations.
C. When any such variance is granted, the motion of approval of the proposed
subdivision shall contain a statement describing the variance and the facts and
conditions upon which the issuance of the variance is based.
D. An application for a variance is not necessary where Planned Neighborhood
Developments are proposed, as modifications to the standards and requirements
of these Regulations may be approved by the AGB.
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16.11.2 Amendments to Subdivision Regulations.
A. These Regulations may be amended by the AGB by their own motion or upon
recommendation of the Planning Board.
B. Prior to amending these Regulations the governing bodies shall conduct a public
hearing and public notice shall be given of the intent to amend these Regulations
and of the public hearing by publication of the time and place of the hearing in a
newspaper of general circulation in the City not less than 15 days prior to the date
of the hearing.
16.11.3 Corrections or Vacations of Recorded Final Plats and Supporting Documents.
A. Corrections to recorded final plats shall be processed as exempt plats pursuant to
the requirements set forth in Appendix B, provided that there is evidence of at
least one of the following:
1. There is a discrepancy in the map;
2. Material evidence is provided that does not appear on any map filed by the
Yellowstone County Clerk and Recorder;
3. There is evidence that suggests alternate locations of lines or points; or
4. The recorded plat does not positively show the location, size of lots or
blocks, or the location or width of any street or alley.
B. Corrections to a recorded Subdivision Improvements Agreement (SIA) or other
supporting document of the final plat to which the AGB is party, may be
submitted provided that they do not significantly alter the original approval.
Requests to alter a recorded SIA or supporting document shall follow these
procedures:
1. A written request to amend the recorded document shall be submitted to
the Planning Department.
2. The request will be circulated for review by the agencies affected by the
proposed amendment. The Planning Department will, in consultation with
the affected agencies, submit a recommendation to the AGB.
3. A public hearing may be required based on the information received by
the reviewing agencies. Notice of the public hearing shall be given in
accordance with these Regulations.
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4. The AGB may approve the request if it does not significantly alter the
original approval and does not conflict with the review criteria set forth in
these Regulations.
C. Any plat prepared and recorded in accordance with these Regulations may be
vacated, either in whole or in part.
1. If the vacation affects five or fewer lots it shall be processed as an exempt
plat pursuant to the requirements set forth in Appendix B.
2. If the vacation affects six or more lots it shall be reviewed as an amended
plat pursuant to Section 16.11.4 of these Regulations.
3. If the vacation includes public rights-of-way, the applicant must first
obtain approval for the right-of-way vacation from the governing body in
accordance with the applicable procedures. Title to the streets and alleys
of the vacated portions may revert to one or more of the owners of the
properties within the platted area adjacent to the vacated portions, as
determined by the AGB or designee.
4. When any utility lines or any other public or private facility are located in
a vacated street or alley, at the time of the reversion of the title to the
vacated street or alley, the owner of the public or private utility facility
shall be granted an easement over the vacated land to continue the
operation and maintenance of the public or private utility
facility.
16.11.4 Corrections or Adjustments to Plats, Conditions and Supporting Documents after
Preliminary Plat Approval.
A. Minor adjustments may be approved by the Planner, in consultation with the
appropriate agencies, prior to the filing of the final plat. Minor adjustments are
those changes, which, in the opinion of the Planner, do not affect the basic
character of lots or blocks, do not affect the open space requirement, and do not
affect the original street design. Minor adjustments shall not change existing
Conditions of Approval or require additional conditions. Minor adjustments may
require that a new plat be drawn; however they do not require that the plat be re-
submitted for preliminary plat review.
B. Major adjustments are those, which, in the opinion of the City Council or
designee, substantially alter the basic design, or alter open space requirements of
the subdivision. Changes to conditions of approval placed on the preliminary plat
shall be considered major adjustments unless otherwise determined using the
criteria in Section 16.11.4(0), below. Any changes, which constitute a major
adjustment, shall require that a new plat be drawn and the plat be re-submitted for
preliminary plat review.
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C. Requested Amendments to Conditions. Upon written request of the subdivider,
the AGB may amend conditions of preliminary plat approval where it can be
found that errors or changes beyond the control of the subdivider have rendered a
condition unnecessary, impossible or illegal. Requests to amend a condition of
approval shall follow these procedures:
1. The request to amend the condition shall be submitted in writing to the
Planning Department.
2. The request will be circulated for review by the agencies affected by the
proposed amendment. The Planning Department will, in consultation with
the affected agencies, submit a recommendation to the AGB.
3. A public hearing may be required based on the information received by
the reviewing agencies. Notice of the public hearing shall be given in
accordance with these Regulations.
4. The AGB may approve the request if it can be found that the original
condition is unnecessary, impossible or illegal and does not conflict with
the review criteria set forth in these Regulations.
D. Once the preliminary plat is approved, unless inaccurate or incomplete
information has been found or a change to a condition has been requested, the
AGB may not impose any additional conditions as a prerequisite to final plat
approval, providing that approval is obtained within the original or extended
approval period as provided in these Regulations.
16.11.5 Appeals.
A. A person who has filed with the AGB an application for a subdivision under these
Regulations may bring an action in district court to sue the AGB to recover actual
damages caused by a final action, decision, or order of the AGB or these
Regulations that is arbitrary or capricious.
B. A party who is aggrieved by a decision of the AGB to approve, conditionally
approve, or disapprove a proposed preliminary plat or final subdivision plat may,
within 30 days after the decision, appeal to the district court. The petition must
specify the grounds upon which the appeal is made.
C. The following parties may appeal under the provisions of Section 16.11.5(B):
1. The subdivider;
2. A landowner with a property boundary contiguous to the proposed
subdivision or a landowner with property within the City/County where
Laurel Subdivision Regulations 2006 75
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the subdivision is proposed if that landowner can show a likelihood of
material injury to the landowner's property or its value; or
3. The Yellowstone County Board of County Commissioners.
D. For the purposes of this section, "aggrieved" means a person who can demonstrate
a specific personal and legal interest, as distinguished from a general interest, who
has been or is likely to be specially and injuriously affected by the decision.
16.11.6 Schedule of Fees.
The required fee shall accompany the preliminary plat, final plat, exempt surveys, and any
proposed variances. A schedule of fees for plats shall be established by the City Council by
resolution.
16.11.6 Penalty for Violation.
A. Except as provided in MCA §76-3-303, every final subdivision plat shall be filed
with the County Clerk and Recorder before title to the subdivided land can be sold
or transferred in any manner. If illegal transfers are completed, an attorney for the
City shall commence action to enjoin further sales or transfers and compel
compliance with the provisions of the Montana Subdivision and Platting Act
(MCA §76-3-101 et seq.) and these Regulations. The cost of such action shall be
imposed against the person transferring the property.
Each sale, lease or transfer, or offer of sale, lease, or transfer of each separate
1 parcel of land in violation of any provision of the Montana Subdivision and
Platting Act or these Regulations shall be deemed a separate and distinct offense.
B. Any person who violates any of the provisions of the Montana Subdivision and
Platting Act (MCA §76-3-101 et seq.) 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.
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APPENDIX A
Jurisdictional Area Map
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Appendix A
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APPENDIX B
Evasion Criteria
The State of Montana provides that certain divisions of land, which would otherwise constitute
1 subdivisions, are exempt from local subdivision review and approval unless the development is
an attempt to evade the Montana Subdivision and Platting Act (MSPA), MCA §76-3-101, et. seq.
The following procedures, criteria, and requirements shall be used to review an exemption from
subdivision review and to determine whether the division of land is for the purpose of evading
the MSPA.
A. Procedures and General Requirements.
1. Any person seeking exemption from MSPA shall submit to the Planner (1) a
certificate of survey, exempt amended plat, or where a survey is not required an instrument of
conveyance, and (2) evidence of, and a notarized statement affirming, entitlement to the claimed
exemption signed by the landowner.
2. When a certificate of survey, exempt amended plat, or instrument of conveyance
is submitted to the Planner, the latter shall examine the proposed land division to determine
whether it complies with the requirements of this Appendix, the MSPA, and the Montana
Sanitation in Subdivisions Act (MCA §76-4-101, et seq.).
3. If the Planner finds that the proposed use of the exemption complies with the
statutes and these criteria, the Planner shall recommend to the Clerk and Recorder the document
be filed. If the Planner finds that the proposed use of the exemption is not in compliance, the
Planner shall return the materials to the landowner with an explanation as to why the recordation
was declined.
4. Any person whose proposed use of an exemption has been denied by the
designated agents may appeal the agents' decision to the AGB.
5. Exempt divisions of land that would result in a pattern of development equivalent
to a subdivision shall be presumed to be adopted for purposes of evading the Act. A "pattern of
development" occurs whenever three or more parcels of less than 160 acres each with common
covenants or facilities pertaining to each parcel have been divided from the original tract.
6. If the use of an exemption is determined to be an evasion of MSPA, the
landowner may submit a subdivision application for the proposed land division.
B. Exemption as a Gift or Sale to a Member of the Immediate Family (MCA §76-3-
207(1)(b)).
1. Statement of Intent: The intention of this exemption is to allow a landowner to
convey one parcel to each member of the immediate family without local subdivision review. A
single parcel may be conveyed to each member of the immediate family under this exemption in
each county where the landowner owns property.
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2. "Immediate family" is defined as the spouse, children by blood or adoption, or
parents of the grantor (MCA §76-3-103(7)).
3. Any certificate of survey filed that would use this exemption to create a parcel for
conveyance to a family member must clearly identify the name of the grantee, the grantee's
relationship to the landowner, and the parcel to be conveyed under this exemption, and be
accompanied by, or contain, the landowner's written certification of compliance. The certificate
of survey or other instrument must also cite the exemption claimed and include language similar
to that provided in Section H of this Appendix. Also, the certificate of survey or instrument of
conveyance shall be accompanied by a deed or other conveying document.
4. One conveyance of a parcel to each member of the landowner's immediate family
is eligible for exemption from subdivision review. However, the use of the exemption may not
result in more than one remaining parcel of less than 160 acres.
5. Any proposed use of the family conveyance exemption to divide a tract that was
previously created through use of an exemption shall be presumed to be an evasion of the Act if
it creates a pattern of development consistent with an overall plan with characteristics such as
common roads, utility easements, restrictive covenants, open space, or common marketing. This
presumption will not be rebutted by previous ownership of the tracts, and pertains to remaining
tracts of less than 160 acres as well as to those tracts that were previously created through the use
of one or more of the exemptions.
6. The use of the family conveyance exemption to divide tracts that were created as
part of an overall development plan with characteristics such as common roads, utility
easements, restrictive covenants, open space or a common marketing or promotional plan shall
be presumed that the use of the exemption is an evasion the Act.
C. Exemption to Provide Security for a Construction Mortgage, Lien, or Trust
Indenture (MCA §76-3-201(1)(b)).
1. Statement of Intent: Under policies of many lending institutions and federal home
loan guaranty programs, a landowner who is buying a tract with financing or through a contract
for deed is required to hold title to the specific site on which the residence will be built. The
intended purpose of this exemption is to allow a landowner who is buying a tract using financing
or a contract for deed to segregate a smaller parcel from the tract for security for financing
construction of a home on the property.
2. When claiming this exemption, the landowner shall submit the following
documents to the City-County Planning Department:
a. A signed statement from both the landowner and the lending institution
that the creation of the exempted parcel is necessary for the owner to secure construction
financing through a construction mortgage, lien or trust indenture on the exempted parcel.
Laurel Subdivision Regulations 2006 79
Appendix B
b. Any certificate of survey that uses this exemption must bear the
acknowledged certificate of the property owner stating that the division of land in question is
exempted from review as a subdivision, cite the exemption claimed, and include the language
provided in Section H. of this Chapter.
1 3. The use of this exemption is presumed to have been adopted for the purpose of
evading MSPA if:
a. It will create a site for more than one dwelling unit;
b. The loan is for someone other than the owner of record or the recorded
contract purchaser of the parcel to be divided.
C. It will create a pattern of development, which is equivalent to a
subdivision with characteristics such as common roads, sewer, water, utility easements,
restrictive covenants, open space or a common marketing or promotional plan.
D. Exemption for Agricultural Purposes (MCA §76-3-207 (1)(c)).
1. Statement of Intent: The intention of this exemption is to allow a landowner to
create a parcel without local review where the parcel will be used only for production of
livestock or agricultural crops and where no residential, commercial, or industrial buildings will
be built.
2. "Agricultural Purpose," for purposes of these evasion criteria, means the use of
land for raising crops or livestock, or for the preservation of open space, and specifically
excludes residential structures and facilities for commercially processing agricultural products.
Agricultural lands are exempt from review by the Montana Department of Environmental
Quality (MDEQ), provided the applicable exemption is properly invoked by the property owner.
3. The following conditions must be met or the use of the exemption will be
presumed to have been adopted for the purposes of evading MSPA:
a. The parties to the transaction by gift, sale, or agreement, must enter into a
covenant running with the land and revocable only by mutual consent of the governing body and
the property owner that the divided land will be used exclusively for agricultural purposes or
' open space. The covenant must be signed by the property owner, the buyer or lessee and the
governing body. An example of a covenant is provided in Section H. of this Chapter.
b. The landowner must demonstrate that the planned use of the exempted
parcel is for agricultural purposes and that no residential, commercial or industrial buildings will
be built (e.g., a statement signed by the buyer).
C. Any change in use of the land for anything other than agricultural
purposes subjects the parcel to full review as a subdivision.
d. Residential, commercial and industrial structures, including facilities for
commercial processing of agricultural products are excluded uses on parcels created under this
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exemption unless the covenant is revoked and the land division is reviewed under Title 76,
Chapter 3, Mont. Code Ann.
e. A certificate of survey that uses this exemption must bear the
' acknowledged certificate of the property owner stating that the division of land in question is
exempted from review as a subdivision, cite the exemption claimed, and include language
similar to that provided in Section H of this Appendix.
' E. Relocation of Common Boundary (MCA §76-3-207(1)(a)(d) and (e)).
I. Statement of Intent: The intended purpose of this exemption is to allow a change
in the location of a boundary line between two parcels and to allow a one-time transfer of a tract
to effect that change in location without subdivision review.
2. If the relocation of a common boundary would result in the permanent creation of
an additional parcel of land, the division of land must be reviewed as a subdivision. If a
I temporary tract is created, language shall be added to indicate that the temporary tract is merged
forever with the adjacent tract.
3. Within a platted subdivision, a division of lots that redesigns or rearranges six or
more lots must be reviewed and approved by the AGB and an amended plat and must be filed
with the County Clerk and Recorder in accordance with Section 16.3.2 of these Regulations.
4. Certificates of survey or amended plats claiming this exemption must be clearly
distinguished between the existing boundary location and the new boundary. This shall be
accomplished by representing the existing boundary with a dashed line and the new boundary
with a solid line. The appropriate certification must be included on the certificate of survey as
provided in Section H of this Appendix.
' F. Remainder Parcels.
' Statement of Intent: Any part of an original tract of record, less than 160 acres that is left
following the segregation of other parcels from the tract for the purpose of transfer shall be
reviewed as part of the subdivision.
' G. Certification.
1. Exemption Certificates. The following represents examples of certificates to be
used on certificates of surveys for the following types of exemptions: relocation of common
boundaries, land gift or sale to family member, agricultural
exemption, and security for constructions.
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Appendix B
CERTIFICATE OF EXEMPTION
(FAMILY GIFT OR SALE)
I (We) certify that the purpose of this survey is to create Tract # for transfer of
' ownership as a family gift or sale and that no prior family sale has been conveyed to ((name), our
(my) (relationship) and that this exemption complies with all
conditions imposed on its use. Therefore this survey is exempt from review as a subdivision
pursuant to Section MCA §76-3-207(1)(b)-
DATED THIS day of , 200
(Signature)
Property Owner(s)
' CERTIFICATE OF EXEMPTION
(RELOCATION OF COMMON BOUNDARY)
I (We) certify that the purpose of this survey is to relocate common boundaries between
adjoining properties existing outside of a platted subdivision. Therefore this survey is exempt
from review as subdivision pursuant to Section MCA §76-3-207 (1)(a)(d) or (e).
DATED THIS day of , 200
(Signature)
Property Owner(s)
' CERTIFICATE OF EXEMPTION
(FOR AGRICULTURAL PURPOSES)
I (We) certify that the purpose of this survey is to create Tract # , as shown on this
certificate of survey, for gift or sale, which is to be used for agricultural purposes only, and that this
exemption complies with all conditions imposed on its use. Therefore, this survey is exempt from review as a
subdivision pursuant to Section MCA § 76-3-207(1)(c). I also hereby enter a covenant, to run with the land,
that Tract as shown hereon, will
be used exclusively for agricultural purposes only. No building or structure requiring water or sewer facilities
' shall be utilized on Tract . This covenant is revocable only by the mutual consent of the governing
body and the property owner.
DATED THIS day of , 200
(Signature)
Property Owner(s)
CERTIFICATE OF EXEMPTION
(SECURITY FOR CONSTRUCTION)
I certify that the purpose of this survey is to create a parcel of land to provide security for
' construction or loan purposes and that this exemption complies with all conditions imposed on its use.
Therefore, this survey is exempt from review as a subdivision pursuant to Section MCA §76-3-201(1)(b) and
from review by the Montana Department of Environmental Quality (16.16.605(1)(b)).
DATED THIS day of , 200
(Signature)
Property Owner(s)
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APPENDIX C
Pre-Application Meeting Form
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APPENDIX D
Preliminary Plat Requirements
The following information is required for all preliminary plat submittals:
Submittal Copies:
24"x36" plat and supplements (number of copies specified by staff)
11"x17" plat and supplements (number of copies specified by staff)
1 Electronic copy of plat (in AutoCad V or Arclnfo ® format) and
supplements (a high quality scanned copy in jpg or pdf may suffice if
other formats are unavailable)
1 Electronic copy of plat (in .jpg or pdf format)
Plat Contents:
1. Subdivision name that does not duplicate an existing subdivision name
2. Legal description including quarter section, Township and Range
3. Owner, subdivider (if different from owner), engineer and surveyor
4. Date plat was prepared
5. North arrow and scale bar
6. Vicinity map of sufficient detail to locate the subdivision
7. Names and addresses of adjoining property owners
8. Names of adjoining subdivisions and certificates of survey
9. Location of all existing physical features on land adjacent to and within subdivision, including
but not limited to:
' • Structures
• Utilities
• Irrigation facilities
' • Rock outcrops
• Areas of 25% slope or greater
10. Locations and dimensions of-
- Proposed streets and street names that do not duplicate existing street names
• Sidewalks and/or pathways, trails
• Alleys, internal private streets, driveways
• Easements
• Parkland
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• Street centerline curve radii
11. Proposed layout of
• Water distribution system
• Sanitary sewer system
• Storm drainage facilities
• Location of nearest available utilities
1 12. Lot lines, lot numbers, lot areas and block numbers
13. Site data including:
• Number of lots
• Maximum lot area
• Minimum lot area
• Area of parkland
• Linear feet of streets
• Net and gross acreage of land to be subdivided
• Existing and proposed zoning
• Existing and proposed land use
14. Tentative finished grades of each street indicated by spot elevations
15. Location of streams, lakes, wetlands, floodplain boundaries, and land subject to flooding
16. In case of a subsequent subdivision, the subdivision superimposed on a copy of the existing
plat
17. All plats shall be neatly drawn in a professional manner
18. All plats to be filed as an Addition to the City shall be noted in title
19. Contour lines of not more than five foot intervals; where lots are proposed on slopes 10% or
less, contours must be shown at two-foot intervals
' 20. Approximate location of all sections lines and corners pertinent to the proposed subdivision.
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APPENDIX E
Preliminary Plat Application
Subdivision Name:
Date of Preapplication Meeting:
Type: Major First Minor Subsequent Minor _
Tax Code:
Location:
Legal Description:
1/4 Section: , Township: , Range:
General Location:
Subdivider Information:
Name (Include a list of officers if corporation):
Address:
Telephone: Email:
Owner Information:
Name:
Address:
Telephone: Email:
Plat Data:
Gross Area:
Net Area:
Number of Lots:
Maximum Lot Size:
Minimum Lot Size:
Linear Feet of Streets:
Existing Zoning:
Surrounding Zoning:
North:
South:
East:
West:
Existing Land Use:
Proposed Land Use:
Parkland Requirement:
Land: Acres:
Cash: Cash: $
Variances Requested (list and attach Variance Request):
1.
2.
3.
Service Providers for Proposed Subdivision
Laurel Subdivision Regulations 2006 86
Appendix E
Gas:
Electric:
Telephone:
School (Elementary, Middle, High):
Irrigation District:
Cable Television:
List of Materials Submitted with Application
1.
2.
3.
4.
5.
6.
Agent Information
Name:
Address:
Telephone: Email:
I declare that I am the owner of record of the above-described property, and have examined all statements
and information contained herein, and all attached exhibits, and to the best of my knowledge and belief, is
true and correct.
Owner of Record Date
Owner Under Contract Date
The submission of a preliminary plat application constitutes a grant of permission by the
subdivider to enter the subject property.
Laurel Subdivision Regulations 2006 87
Appendix E
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APPENDIX F
Required Supporting Documents for Major Preliminary Plat Applications
1. Names and addresses of immediately adjoining property owners typed or neatly printed on
address labels.
2. Draft Subdivision Improvements Agreement (Appendix L).
3. Environmental Assessment or Summary of Probable Impacts, when applicable (Article 23-
900).
4. Traffic Accessibility Study (TAS) when applicable, containing the following information:
a. Trip generation, using the Institute of Transportation Engineers Trip Generation Manual;
b. Trip distribution;
c. Traffic assignment;
d. Capacity analysis;
e. Evaluation; and
f. Recommended access plan, including access points, modifications, and any mitigation
techniques.
g. Land use and trip generation in the form of a table of each type of land use, the number of
units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip
generation.
h. Traffic graphics, which show:
• AM peak hour site traffic;
• PM peak hour site traffic;
• AM peak hour total traffic;
• PM peak hour total traffic;
• Total daily traffic (with site generated traffic shown separately).
i. AM and PM capacity analysis with an AM and PM peak hour capacity analysis provided for:
• All major drive accesses that intersect collector or arterial streets or roads; and
• All arterial-arterial, collector-collector and arterial-collector intersections within one mile of the
site, or as required by the Director of Public Service during the pre-application review.
j. Capacity. Indicate the levels of service (before and after development) of existing and proposed
streets and roads, including appropriate intersections, to safely handle any increased traffic.
Describe any anticipated increased maintenance that will be necessary due to increased traffic
and who will pay the cost of maintenance.
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k. Bicycle and Pedestrian Pathways, Lanes and Routes. Describe bicycle and pedestrian
pathways, lanes or routes to be developed with the development.
1. Traffic Calming. Detailed drawings of any proposed traffic calming installations, including
locations and turning radius templates.
5. Preliminary water and sanitation information, including:
a. A site plan or exhibit that shows:
- The location, within 100 feet outside of the exterior property line of subdivision and on the
proposed lots, of
• Floodplains
• Surface water features
• Springs
• Irrigation ditches
• Existing, previously approved, and, for parcels less than 20 acres, proposed water wells and
wastewater treatment systems;
• For parcels less than 20 acres, mixing zones identified, and
• The representative drain field site used for the soil profile description, and
- The location, within 500 feet outside of the exterior property line of the subdivision, of public
water and sewer facilities.
b. A description of the proposed subdivision's water supply systems, storm water systems, solid
waste disposal systems, and wastewater treatment systems, including whether the water supply
and wastewater treatment systems are individual, shared, multiple user, or public as those
systems are defined in rules published by the Montana Department of Environmental Quality
(MDEQ).
c. A drawing of the conceptual lot layout at a scale no smaller than 1 inch equal to 200 feet that
shows all information required for a lot layout document in rules adopted by MDEQ pursuant to
MCA §76-4-104.
d. Evidence of suitability for new onsite wastewater treatment systems that, at a minimum,
includes:
- A soil profile description from a representative drain field site identified on the vicinity map,
as provided above, that complies with standards published by the MDEQ,
- Demonstration that the soil profile contains a minimum of 4 feet of vertical separation distance
between the bottom of the permeable surface of the proposed wastewater treatment system and a
limiting layer, and
- In cases in which the soil profile or other information indicates that groundwater is within 7
feet of the natural ground surface, evidence that the groundwater will not exceed the minimum
vertical separation distance
e. For new water supply systems, unless cisterns are proposed, evidence of adequate water
availability;
- Obtained from well logs or testing of onsite or nearby wells;
Laurel Subdivision Regulations 2006 gg
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- Obtained from information contained in published hydro-geological reports; or
- As otherwise specified by rules adopted by the MDEQ pursuant to MCA §76-4-104.
f. A preliminary analysis of potential impacts to the groundwater quality from new wastewater
treatment systems, using as guidance rules adopted by the Board of Environmental Review
pursuant to MCA §75-5-301 and MCA §75-5-303 related to standard mixing zones for
groundwater, source specific mixing zones, and nonsignificant changes in water quality. The
preliminary analysis may be based on currently available information and must consider the
effects of overlapping mixing zones from proposed and existing wastewater treatment systems
within and directly adjacent to the subdivision. Instead of performing the preliminary analysis
required under this subsection, the subdivider may perform a complete nondegradation analysis
in the same manner as is required for an application that is reviewed under Title 76, Chapter 4,
Mont. Code Arm.
1 g. A subdivider whose land division is excluded from review under MCA §76-4-125(2) is not
required to submit the water and sanitation information listed above.
6. Geotechnical Report that includes:
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a. A summary of hazards present and recommended actions.
b. A description of proposed construction.
c. A description of the investigation methods, including field investigations, laboratory analysis
and report preparation.
d. A description of the site conditions, including soil, bedrock, groundwater and other physical
features present that may limit development.
e. Analysis of engineering properties and recommendations in relation to foundations; over-
excavation and engineered fill; bearing capacity; lateral loads on basement walls; soil friction
factor; earthwork; site grading and runoff control; foundation and retaining wall drainages; slabs
on grade; reinforcing, utilities testing and concrete considerations; and ventilation and radon.
f. Summary of engineering limitations.
g. The report shall be accompanied by figures and tables sufficient to convey the results of each
test hole and an overall site plan showing the location of each test hole. The spacing of test holes
will be dependent of the horizontal and vertical variation of the subsurface material. In all cases,
the spacing should result in a representation of all soils present on the subdivision.
7. Draft protective and restrictive covenants, if any.
8. Draft Articles of Incorporation when Homeowner's Association is proposed.
9. When a tract of land is to be subdivided in separate filings, a Master Plan of the entire area to
be developed.
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APPENDIX G
Required Supporting Documents for First Minor Preliminary Plat Applications
1. Draft Subdivision Improvements Agreement
2. Traffic Accessibility Study (TAS) when applicable, containing the following information:
a. Trip generation, using the Institute of Transportation Engineers Trip Generation Manual;
b. Trip distribution;
c. Traffic assignment;
d. Capacity analysis;
e. Evaluation; and
f. Recommended access plan, including access points, modifications and any mitigation
techniques.
g. Land use and trip generation in the form of a table of each type of land use, the number of
units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip
generation.
h. Traffic graphics, which show:
• AM peak hour site traffic;
• PM peak hour site traffic;
• AM peak hour total traffic;
• PM peak hour total traffic;
• Total daily traffic (with site generated traffic shown separately).
i. AM and PM capacity analysis with an AM and PM peak hour capacity analysis provided for:
• All major drive accesses that intersect collector or arterial streets or roads; and
• All arterial-arterial, collector-collector and arterial-collector intersections within one mile of the
site, or as required by the Director of Public Service during the pre-application review.
j. Capacity. Indicate the levels of service (before and after development) of existing and proposed
streets and roads, including appropriate intersections, to safely handle any increased traffic.
Describe any anticipated increased maintenance that will be necessary due to increased traffic
and who will pay the cost of maintenance.
k. Bicycle and Pedestrian Pathways, Lanes and Routes. Describe bicycle and pedestrian
pathways, lanes or routes to be developed with the development.
1. Traffic Calming. Detailed drawings of any proposed traffic calming installations, including
locations and turning radius templates.
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3. Preliminary water and sanitation information, including:
a. A site plan or exhibit that shows:
- The location, within 100 feet outside of the exterior property line of subdivision and on the
proposed lots, of
• Floodplains
• Surface water features
• Springs
• Irrigation ditches
• Existing, previously approved, and, for parcels less than 20 acres, proposed water wells and
wastewater treatment systems;
• For parcels less than 20 acres, mixing zones identified, and
• The representative drain field site used for the soil profile description, and
-- The location, within 500 feet outside of the exterior property line of the subdivision, of public
water and sewer facilities
b. A description of the proposed subdivision's water supply systems, storm water systems, solid
waste disposal systems, and wastewater treatment systems, including whether the water supply
and wastewater treatment systems are individual, shared, multiple user, or public as those
systems are defined in rules published by the Montana Department of Environmental Quality
(MDEQ).
c. A drawing of the conceptual lot layout at a scale no smaller than 1 inch equal to 200 feet that
shows all information required for a lot layout document in rules adopted by MDEQ pursuant to
MCA §76-4-104.
d. Evidence of suitability for new onsite wastewater treatment systems that, at a minimum,
includes:
- A soil profile description from a representative drain field site identified on the vicinity map,
as provided above, that complies with standards published by the MDEQ,
-- Demonstration that the soil profile contains a minimum of 4 feet of vertical separation distance
between the bottom of the permeable surface of the proposed wastewater treatment system and a
limiting layer, and
- In cases in which the soil profile or other information indicates that groundwater is within 7
feet of the natural ground surface, evidence that the groundwater will not exceed the minimum
vertical separation distance
e. For new water supply systems, unless cisterns are proposed, evidence of adequate water
availability;
- Obtained from well logs or testing of onsite or nearby wells;
Obtained from information contained in published hydra-geological reports; or
1 - As otherwise specified by rules adopted by the MDEQ pursuant to MCA §76-4-104,
f. A preliminary analysis of potential impacts to the groundwater quality from new wastewater
treatment systems, using as guidance rules adopted by the Board of Environmental Review
pursuant to MCA §75-5-301 and MCA §75-5-303 related to standard mixing zones for
groundwater, source specific mixing zones, and nonsignificant changes in water quality. The
Laurel Subdivision Regulations 2006 92
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preliminary analysis may be based on currently available information and must consider the
effects of overlapping mixing zones from proposed and existing wastewater treatment systems
within and directly adjacent to the subdivision. Instead of performing the preliminary analysis
required under this subsection, the subdivider may perform a complete nondegradation analysis
in the same manner as is required for an application that is reviewed under Title 76, Chapter 4,
Mont. Code. Ann.
g. A subdivider whose land division is excluded from review under MCA §76-4-125(2) is not
required to submit the water and sanitation information listed above.
4. Geotechnical Report that includes:
a. A summary of hazards present and recommended actions.
b. A description of proposed construction.
c. A description of the investigation methods, including field investigations, laboratory analysis
and report preparation.
d. A description of the site conditions, including soil, bedrock, groundwater and other physical
features present that may limit development.
e. Analysis of engineering properties and recommendations in relation to foundations; over-
excavation and engineered fill; bearing capacity; lateral loads on basement walls; soil friction
factor; earthwork; site grading and runoff control; foundation and retaining wall drainages; slabs
on grade; reinforcing, utilities testing and concrete considerations; and ventilation and radon.
f. Summary of engineering limitations.
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g. The report shall be accompanied by figures and tables sufficient to convey the results of each
test hole and an overall site plan showing the location of each test hole. The spacing of test holes
will be dependent of the horizontal and vertical variation of the subsurface material. In all cases,
the spacing should result in a representation of all soils present on the subdivision.
5. Draft protective and restrictive covenants, if any.
6. Draft Articles of Incorporation when Homeowner's Association is proposed.
7. When a tract of land is to be subdivided in separate filings, a Master Plan of the entire area to
be developed.
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APPENDIX H
Expedited Final Plat Application
1. Name of subdivision
2. Tax ID # ; 3. Location a. Legal Description: '/4 Section, Township, and Range:
b. General location:
4. Name, Address & Telephone Number of Subdivider
a. Name:
b. Address:
c. Telephone:
5. Name, Address & Telephone Number of Owner
I Name:
b. Address:
c. Telephone:
6. Plat Data: Gross Area: Net Area; No. of Lots:
7. List of materials submitted with final application
Required:
a. Final Plat
b. Subdivision Improvements Agreement and Waiver
c. Title Report
d. Red lined check print
Other:
8. Deed restrictions or covenants? Yes No ; if yes, please attach copies.
9. Name, address & telephone of professional consultant(s)
Surveyor/engineer:
Address:
Attorney:
Address:
Other:
Address:
I declare that I am the owner of record and that all the statements and information contained in all exhibits
transmitted herewith are true and correct. I hereby apply for approval of the final plat of
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Owner/Owners:
(Signature of Owner/Owners)
Owners under Contract:
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(Signature of Owners under contract)
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APPENDIX I
Final Plat Application
1. Name of Subdivision
2. Tax ID #
3. Location
a. Legal Description: '/a Section, Township, and Range:
b. General location:
4. Name, Address & Telephone Number of Subdivider
a. Name:
b. Address:
c. Telephone:
5. Name, Address & Telephone Number of Owner
a. Name:
b. Address:
c. Telephone:
6. Plat Data
a. Gross area:
b. Net area:
c. Number of lots:
7. Park Requirement
a. Land:
b. Cash: $
8. Date preliminary plat approved:
9. List of materials submitted with final application
Required:
a. Final Plat
b. Subdivision Improvements Agreement
c. Conditions of Approval
d. Title Report
e. Red lined check print
Other:
10. Deed restrictions or covenants? Yes
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11. Name, address & telephone of professional consultant(s)
Surveyor/engineer:
Address:
Attorney:
Address:
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Other: _
Address:
I declare that I am the owner of record and that all the statements and information contained in all exhibits
transmitted herewith are true and correct. I hereby apply for approval of the final plat of-
Owner/Owners:
(Signature of Owner/Owners)
Owners under Contract:
(Signature of Owners under contract)
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APPENDIX J
t Final Plat Requirements
1. A final subdivision plat may not be approved by the governing body or filed by the County
Clerk and Recorder unless it complies with the following requirements:
a. Final subdivision plats must be legibly drawn with permanent ink or printed or reproduced by
a process guaranteeing a permanent record and must be 18 inches by 24 inches or 24 inches by
36 inches overall to include a 1 1/2-inch margin on the binding side.
b. Two signed copies on three mil. or heavier matte stable-base polyester film or equivalent must
be submitted.
c. If more than one sheet must be used to adequately depict the land subdivided, each sheet must
?. show the number of that sheet and the total number of sheets included. All certifications must be
placed or referred to on one sheet.
d. A survey that modifies a filed subdivision plat must be entitled "amended plat of (lot, block
and name of subdivision being amended)," and unless it is exempt from subdivision review by
MCA §76-3-201 or MCA §76-3-207(1)(d) or (e), may not be filed with the County Clerk and
Recorder unless it meets the filing requirements for final subdivision plats specified in these
requirements.
2. A final plat submitted for approval must show or contain, on its face the following
information. The surveyor may, at his or her discretion, provide additional information regarding
the survey.
a. A title or title block indicating the quarter section, section, township, range, principal
meridian, county and, if applicable city or town, in which the subdivision is located. The title of
the plat must contain the words "plat" and either "subdivision" or "addition".
b. The name of the person(s) who commissioned the survey and the name(s) of the owner of the
land to be subdivided if other than the person(s) commissioning the survey, the names of any
adjoining platted subdivisions, and the numbers of any adjoining certificates of survey
r previously filed.
c. Vicinity sketch of sufficient area to identify the location of the subdivision.
d. A north arrow.
_ e. A scale bar. The scale must be sufficient to legibly represent the required information and data
on the plat.
f. The location of, and other information relating to all monuments found, set, reset, replaced or
removed as required by ARM 8.94.3001(1)(c).
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i. If additional monuments are to be set after the plat is filed, the location of these monuments
must be shown by a distinct symbol, and the plat must bear a certification by the surveyor as to
the reason the monuments have not been set and the date by which they will be set.
ii. All monuments found during a retracement that influenced the position of any corner or
boundary indicated on the plat must be clearly shown as required by ARM 8.94.3001(1)(c).
g. The location of any section corners or corners of divisions of sections pertinent to the survey.
h. Witness and reference monuments and basis of bearings. For purposes of these the term "basis
of bearings" means the surveyor's statement as to the origin of the bearings shown on the plat.
The basis of bearings may refer to a particular line between monumented points in a previously
filed survey document. If the plat shows true bearings, the basis of bearings must describe the
method by which these true bearings were determined.
i. The bearings, distances and curve data of all boundary lines. If the subdivision is bounded by
an irregular shoreline or body of water that is a riparian boundary, the bearings and distances of a
meander traverse generally paralleling the riparian boundary must be given.
i. The courses along a meander line are shown solely to provide a basis for calculating the
acreage of a parcel with one or more riparian boundaries as the parcel existed at the time of
survey.
ii. For purposes of these regulations a line that indicates a fixed boundary of a parcel is not a
"meander" or "meander line" and may not be designated as one.
j. Data on all curves sufficient to enable the re-establishment of the curves on the ground. For
circular curves these data must at least include radius and arc length. For non-tangent curves,
which must be so labeled, the plat must include the bearings of radial lines or chord length and
bearing.
k. Lengths of all lines shown to at least tenths of a foot, and all angles and bearings shown to at
least the nearest minute. Distance measurements must be stated in English units, but their metric
equivalents, shown to the nearest hundredth of a meter, may be noted parenthetically.
1. 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 must be marked
"Not included in this subdivision" or "Not included in this plat," as appropriate, and the bearings
and lengths of these excepted boundaries must be shown.)
in. All streets, alleys, avenues, roads and highways; their widths (if ascertainable) from public
records, bearings and area; the width and purpose of all road rights-of-way and all other
easements that will be created by the filing of the plat; and the names of all streets, roads and
highways.
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n. The location, dimensions and areas of all parks, common areas and other grounds dedicated
for public use.
o. The total acreage of the subdivision.
p. A narrative legal description of the subdivision as follows:
(i) If the parcel being subdivided is either an aliquot part of a U.S. government section or a U.S.
government lot, the information required by this subsection is the aliquot or government lot
description of the parcel.
(ii) If the plat depicts the division of a parcel or lot that is shown on a filed certificate of survey
or subdivision plat, the information required by this subsection is the number or name of the
certificate of survey or plat and the number of the parcel or lot affected by the survey.
(iii)If the parcel surveyed does not fall within (2)(p)(i) or (ii), above, the information required by
this subsection is the metes-and-bounds description of the perimeter boundary of the subdivision.
(iv) If the plat establishes the boundaries of a subdivision containing one or more interior parcels,
the information required by this subsection is the legal description of the perimeter boundary of
the subdivision,
q. Certificate of Surveyor. The dated signature and the seal of the surveyor responsible for the
survey and a memorandum of any oaths administered under MCA §76-3-405. The affixing of
this seal constitutes a certification by the surveyor that the final plat has been prepared in
conformance with the Montana Subdivision and Platting Act (MCA §76-3-101 through MCA
§76-3-625) and the regulations adopted under that Act.
r. Certificate of Dedication. The dated, signed and acknowledged consent to the subdivision of
the owner of the land being subdivided. For purposes of this rule when the parcel of land
proposed for subdivision is being conveyed under a contract-far-deed, the terms "owner" and
"owner of the land" refers to the seller under the contract-for-deed.
s. If applicable, Consent to Platting.
t. Certificate of Approval. Certification by the governing body that the final subdivision plat is
approved.
u. Notice of Approval. Statement that the final plat is approved by the Yellowstone County
Board of Planning.
v. Certificate of City Engineer's Office. If applicable, Certification by the City Engineer that
municipal water, sewage disposal and solid waste disposal will be
provided. (City only)
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w. Errors and Omissions Review. Certification of the reviewing surveyor that the survey has
been examined and approved.
x. Certificate of City Attorney. Certification that the plat has been reviewed an accepted by the
City Attorney.
y. Certificate of County Treasurer. Certification of county treasurer showing current tax
payment.
z. If applicable, the owner's certificate of dedication of streets, parks, playground easements or
other public improvements
aa. Space for the clerk and recorder's filing information.
** See Appendix B for templates of all Certifications.
3. Supporting documentation shall consist of the following:
a. Final plat application completed and signed;
b. All documentation necessary to guarantee the complete installation of all required
improvements including the Subdivision Improvements Agreement and any documents related to
financial security for improvements;
c. An original Title Report or Subdivision Guarantee prepared within the recent 6
months;
d. Evidence that the Montana Department of Environmental Quality or Yellowstone County
Public Health Department has approved the sewage disposal system and/or the water system.
This applies to individual and public water supply and sewage disposal systems. When
applicable and pursuant to Section 23-504, evidence signed by the City shall be submitted;
e. Copies of protective and restrictive covenants, if any;
f. Applicable final plat fee.
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APPENDIX K
Subdivision Improvements Agreement
(Name of Subdivision)
1. Variances (page #):
II. Conditions that Run with the Land:
III. Transportation:
A. Streets
B. Sidewalks
C. Street Lighting
D. Traffic Control Devices
E. Access
F. Heritage Trail Plan
G. Public Transit
IV. Emergency Services:
V. Storm Drainage:
VI. Utilities:
A. Water
B. Sanitary Sewer
C. Power, Telephone, Gas, and Cable Television
VII. Parks/Open Space:
VIII. Irrigation:
IX. Soils/Geotechnical Study:
X. Phasing of Improvements:
XI. Financial Guarantees:
XII. Legal Provisions:
This agreement is made and entered into this day of 200_, by and
between (Subdivider), whose address for the purpose of this agreement is
, hereinafter referred to as "Subdivider," and the
CITY OF LAUREL or COUNTY OF YELLOWSTONE, Montana,
hereinafter referred to as "City/County."
WITNESSETH:
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(for minor subdivisions insert the following)
WHEREAS, the plat of (Subdivision Name), located in the Yellowstone County, Montana, was
submitted to the Laurel City-County Planning Board; and
(for major subdivisions, exclude above and insert the following)
WHEREAS, at a regular meeting conducted on day of , 200_, the City-
County Planning Board recommended conditional approval of a preliminary plat of (Subdivision
Name); and
(Insert the following for both major and minor subdivisions)
WHEREAS, at a regular meeting conducted on day of , 200_, the City
Council/County Commissioners conditionally approved a preliminary plat of (Subdivision
Name); and
WHEREAS, a Subdivision Improvements Agreement is required by the City/County prior to the
approval of the final plat.
WHEREAS, the provisions of this agreement shall be effective and applicable to (Subdivision
Name) upon the filing of the final plat thereof in the Office of the Clerk and Recorder of
Yellowstone County, Montana. The Subdivision shall comply with all requirements of the City
of Laurel Subdivision Regulations, the rules, regulations, policies, and resolutions of the City of
Laurel, Yellowstone County, and the laws and administrative rules of the State of Montana.
THEREFORE, THE PARTIES TO THIS AGREEMENT, for and in consideration of the
mutual promises herein contained and for other good and valuable consideration, do hereby
agree as follows:
1. VARIANCES
A. Subdivider has requested, and the City/County hereby grants, the following variances from
the strict interpretation of these Subdivision Regulations:
1. Variance #1
2. Variance #2
II. CONDITIONS THAT RUN WITH THE LAND (insert any applicable conditions in the
provided A, B, C format. The following are typical conditions that run with the land, which may
or may not be applicable to this subdivision):
A. Lot owners will be required to construct that segment of the required sidewalk that fronts their
property at the time of lot development.
B. Lot owners should be aware that this subdivision is being built in close proximity to prime
deer and antelope habitat and it is likely that homeowners will experience problems with damage
Laurel Subdivision Regulations 2006 103
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to landscaped shrubs, flowers, and gardens. The Montana Fish, Wildlife, and Parks Department
does not provide damage assistance unless there is damage to commercial crops and/or a threat
to public health and safety.
C. Lot owners should be aware that soil characteristics within the area of this subdivision, as
described in the 1972 Yellowstone County Soil Survey, indicate that there could be potential
limitations for proposed construction on the lots, which may require a geotechnical survey prior
to construction.
D. No water rights have been transferred to the lot owners. Irrigation ditches that exist on the
perimeter of this development are for the benefit of other properties. Perimeter ditches and drains
shall remain in place and shall not be altered by the Subdivider or subsequent owners.
E. There is attached hereto a Waiver waiving the right to protest the creation of the special
improvement district or districts, which by this reference is expressly incorporated herein and
made as much a part hereof as though fully and completely set forth herein at this point. The
Waiver will be filed with the plat, shall run with the land, and shall constitute the guarantee by
the Subdivider and property owner or owners of the developments described herein. Said Waiver
is effective upon filing and is not conditioned on the completion of the conditions set forth in this
Agreement. The Subdivider and owner specifically agree that they are waiving valuable rights
and do so voluntarily.
F. Lot owners should be aware that portion(s) of this property lie within the floodplain/floodway,
as depicted on the blood Insurance Rate Maps (FIRM) for this area. Please be advised that
special development restrictions may apply within these specified areas.
III. TRANSPORTATION
A. Streets
but not be limited to the following):
(This section should include
,
• Rights-of-way widths
• Pavement widths and surface types
• Curb and gutter design
• Other required street improvements
S. Sidewalks
(This section should include, but not be limited to the following):
• Types of required sidewalk
• Location of required sidewalks
• Widths and surface
• Other required sidewalk improvements
C. Street Lighting (Describe)
• Location and types of lighting to be installed, if required
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B. Traffic Control Devices (Describe)
• Location and type of proposed stop signs and/or signals
• Other required traffic control devices
C. Access (Describe)
• Location and widths of proposed accesses
• Restrictions on access
• Other required access improvements
D. Bike or Pedestrian Trail Plans (Include)
• Statement of whether subdivision is within Plan
• Location and type of proposed trail or trail connection
• Ownership arrangement of trail corridor-easement or dedication
• Other required trail improvement
E. Public Transit (Describe)
• Location and type of improvements required to ensure public transit service
IV. EMERGENCY SERVICE
(This section should include, but not be limited to the following):
• Location and specifications for emergency access road including width, base and surface
material, blockade, and required signage
• Urban Wildland Interface Code requirements (required for highly wooded areas)
V. STORM DRAINAGE
All drainage improvements shall comply with the provisions of the Storm water Management
Manual, and a storm water management plan shall be submitted to and approved by the MDEQ.
(This section should include, but not be limited to the following):
• Description and location of existing and proposed detention facilities
• Any improvements to the existing system
• Other required improvements
VI. UTILITIES
The SIA does not constitute an approval for extension of or connection to water mains and
sanitary sewers. The property owner shall make application for extension/connection of water
mains and sanitary sewers to the Public Works Department. The extension/connection of/to
water mains and sanitary sewers is subject to the approval of the applications and the conditions
of approval. Applications shall be submitted for processing prior to the start of any construction
and prior to review and approval of any project plans and specifications. The appropriate water
and wastewater hookup fees in effect shall be submitted with the applications.
Fees shall be paid for the lots in each phase as applied for in the extension application and as per
the first paragraph above. The Developer/Owner acknowledges that the subdivision shall be
subject to the applicable System Development Fees in effect at the time new water and/or
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sanitary sewer service connections are made. The design/installation of sanitary sewers and
appurtenances, and water mains and appurtenances (fire hydrants, etc) shall be in accordance
with design standards, specifications, rules, regulations of and as approved by the City of Laurel
Public Works Department, Fire Department, and the Montana Department of Environmental
Quality.
A. Water
(This section should describe any water facilities unique to the subdivision).
B. Sanitary Sewer
(This section should describe any sanitary sewer facilities unique to the subdivision).
C. Power, Telephone, Gas, and Cable Television
(This section should include, but not be limited to the following):
• Services to be provided within the public right-of-way, existing or to be installed
- Width and location of required utility easements
VII. PARKS/OPEN SPACE
(This section should include, but not be limited to the following):
• The parkland requirement for this subdivision (dedication or cash-in-lieu)
• Required park improvements to the park and timing of construction
• Required formation of a Park Maintenance District
For minor plats, where no parkland dedication is required, please insert the fallowing statement:
There is no parkland requirement for proposed (Subdivision Name), as this is a minor
subdivision [MCA §76-3-617(3)(a)].
VIII. IRRIGATION
(This section should include, but not be limited to the following):
• Irrigation District affected by the proposed development
• Required mitigation efforts to protect the ditches during construction
• Location and width of existing and proposed onsite easements for ditches
IX. SOILS/GEOTECHNICAL STUDY
(This section should include, but not be limited to the following):
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• Results of geotechnical study
• Construction restrictions due to the results of the study
• Required mitigation efforts
X. PHASING OF IMPROVEMENTS (include if applicable)
Description of each Phase including:
A. Required improvements
B. Timing of improvements
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C. Reference to release of lots (documentation)
D. Restrictions on lot sales (documentation)
E. Financial guarantees for improvements
XI. FINANCIAL GUARANTEES
Except as otherwise provided, Subdivider shall install and construct said required improvements
with cash or by utilizing the mechanics of a special improvement district or private contracts
secured by letters of credit or a letter of commitment to lend funds from a commercial lender. All
engineering and legal work in connection with such improvements shall be paid by the
contracting parties pursuant to said special improvement district or private contract, and the
improvements shall be installed as approved by the Public Works and Public Utilities
Department.
XII. LEGAL PROVISIONS
A. Subdivider agrees to guarantee all public improvements for a period of one year from the date
of final acceptance by the AGB.
B. The owners of the properties involved in this proposed Subdivision by signature subscribed
herein below agree, consent, and shall be bound by the provisions of this Agreement.
C. The covenants, agreements, and all statements in this Agreement apply to and shall be binding
on the heirs, personal representatives, successors and assigns of the respective parties.
D. In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement or to give any notice required herein,
then the prevailing party or the party giving notice shall be entitled to reasonable attorney fees
and costs.
E. Any amendments or modifications of this Agreement or any provisions herein shall be made
in writing and executed in the same manner as this original document and shall after execution
become a part of this Agreement.
F. Subdivider shall comply with all applicable federal, state, and local statutes, ordinances, and
administrative regulations during the performance and discharge of its obligations. Subdivider
acknowledges and agrees that nothing contained herein shall relieve or exempt it from such
compliance.
IN WITNESS WHEREOF, the parties hereto have set their hands and official seals on
the date first above written.
"SUBDIVIDER" (Name of Subdivider)
By:
Its:
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STATE OF MONTANA )
ss
County of Yellowstone )
On this day of , 200_, before me, a Notary Public in and for the State of Montana, personally
appeared, , known to me to be the subdivider who
executed the foregoing instrument and acknowledged to me that he/she executed the same.
Notary Public in and for the State of Montana
Printed Name:
Residing at:
My commission expires:
This agreement is hereby approved and accepted by the City/County, this
, 200 .
"CITY"
CITY OF LAUREL, MONTANA
By:
Mayor
Attest:
City Clerk
day of
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Waiver of Right to Protest
FOR VALUABLE CONSIDERATION, the undersigned, being the Subdivider and all of the
owners of the hereinafter described real property, do hereby waive the right to protest the
formation of one or more special improvement district(s) for street light maintenance and energy,
and for the construction of streets, street widening, sidewalks, survey monuments, street name
signs, curb and gutter, street lights, driveways, traffic signals, and traffic control devices, parks
and park maintenance, trails, sanitary sewer lines, water lines, storm drains (either within or
outside the area), and other improvements incident to the above which the City of Laurel or
Yellowstone County may require.
This Waiver and Agreement is independent from all other agreements and is supported by
sufficient independent consideration to which the undersigned are parties, and shall run with the
land and shall be binding upon the undersigned, their successors and assigns, and the same shall
be recorded in the office of the County Clerk and Recorder of Yellowstone County, Montana.
The real property hereinabove mentioned is more particularly described as follows:
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Subdivision DescriptionlName
Signed and dated this day of , 200
Subdivider/Owner
By:
Its:
STATE OF MONTANA )
ss
County of Yellowstone )
On this day of , 200, before me, a Notary Public in and for the State
of Montana, personally appeared , known to me to be
Subdivider/Owner Name, the person who executed the forgoing instrument and acknowledged to
me that he/she executed the same.
IN WITNESS WHEROF, I have hereunto set my hand and affixed my Notarial Seal the day and
year hereinabove written.
Laurel Subdivision Regulations 2006
Appendix K
Notary Public in and for the State of Montana
Printed name:
Residing in Billings, Montana
My commission expires:
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' APPENDIX L
Escrow Agreement Template
THIS AGREEMENT is made this day of 200 by and between
("Purchaser"), whose address for purposes of this
Agreement is , AMERICAN TITLE & ESCROW, a Montana
corporation ("American Title"), of 1216 16th Street West, Alpine Village No. 21, Billings,
Montana 59102, the CITY OF LAUREL, MONTANA ("City"), c/o Public Works Director, 115
West First Street, Laurel, Montana 59044, and ("Seller"),
whose address for the purposes of this
Agreement is
1. Seller has agreed to sell and convey unto Purchaser all of its right, title and interest in and to
' certain real property in Subdivision, which real property is more
particularly described as follows (the "Purchaser's Lot"):
Lot , Block _, of Subdivision, in the City of Laurel/ Yellowstone
County, Montana, according to the official plat on file in the office of the Clerk and Recorder of
said County, under Document No.
2. In connection with the development of the Subdivision, certain public improvements (the
"Improvements") must be made within or adjacent to the Subdivision in accordance with that
certain Subdivision Improvements Agreement between Seller and the City dated the day
of , 200, and recorded the day of 1200 , under Document
No. , records of Yellowstone County, Montana (the "SIA"); and
3. Pursuant to Article of the SIA, Seller has agreed that an amount equal to the total
estimated cost per square foot of the Improvements multiplied by the total square footage of
Purchaser's Lot ("Estimated Costs"), as described in the SIA, with respect to any lot in the
Subdivision will be deposited into a separate interest bearing account for the benefit of Purchaser
to be held in escrow with American Title; and
4. American Title has agreed to act as escrow agent for the purposes of receiving the above-
referenced funds and disbursing the same for payment of future SID assessments upon formation
of one or more such districts, or for the payment of one or more private contract costs of
constructing the Improvements contemplated by the SIA in the event an SID is not formed,
which funds will be obtained, held and disbursed by American Title in accordance with the terms
of this agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties do
hereby agree as follows:
1. Escrowed Funds. Purchaser shall deposit the Estimated Costs in the amount of
(spell out) Dollars ($ _ ) (the "escrowed funds")
into escrow with American Title in an interest bearing account under Purchaser's Federal
Identification Number # , for the benefit of Purchaser and the City (the
"Escrow Account") at the closing of the sale of the Purchaser's Lot, by Seller to Purchaser. The
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escrowed funds amount is based upon Estimated Costs of S per square foot on the
square feet of land contained within the Purchaser's Lot. The escrowed funds
deposited into the Escrow Account will be held and disbursed by American Title in accordance
with the provisions of paragraphs 4, 5 and 6 below.
2. Seller's Obligation Terminated. From and after the date of this Agreement, Seller shall have no
further obligation or liability for the Estimated Costs, or the construction and/or payments for the
Improvements, or any future SID assessments, relating to the Purchaser's Lot.
3. Purpose of Escrow Arrangement. American Title agrees that it shall receive and hold the
escrowed funds in the Escrow Account, for the benefit of Purchaser and the City/County, and
shall make disbursements or payments to the AGB and/or Purchaser pursuant to the provisions of
paragraphs 4, 5 and 6 below.
4. Payments from Escrow. Upon receipt of a written authorization from Purchaser and the
City/County for payments in connection with actual SID assessments or private contracts for
construction of the Improvements, American Title shall disburse the escrowed funds as follows:
(a) If one or more special improvement districts are created the escrowed funds shall he paid by
American Title to the City for application to the actual assessments for the Improvements against
the Purchaser's Lot.
(b) In the event one or more special improvement districts for the Improvements is not or cannot
be created, then the amounts held on deposit in the Escrow Account shall be applied toward
payment under one or more private contracts for construction of the Improvements attributable to
the Purchaser's Lot in accordance with the SIA.
5. Interest on the Escrowed Funds. Interest accrued on the escrowed funds shall be paid to
Purchaser in annual disbursements on the first day of December of each year, until such time as
final disbursement is made pursuant to paragraph 6 below.
6. Additional Assessments: Return of Excess. If the actual amount of the special improvement
district assessments for the Improvements is greater than the escrowed funds held in the Escrow
Account with respect to the Purchaser's Lot; then the City shall levy said difference against the
Purchaser's Lot. If the Improvements are constructed by one or more private contracts and the
actual amount of the private contracts for the Improvements attributable to the Purchaser's Lot is
greater than the escrowed funds held in the Escrow Account with respect to the Purchaser's Lot,
then the Purchaser shall be responsible for said difference. If the actual amount of the special
improvement district assessments or the private contracts for the Improvements is less than the
escrowed funds held in the Escrow Account, then American Title shall return such excess to
Purchaser after payment of the full amount of the actual SID assessments or the private contracts,
and Purchaser shall be entitled to retain such excess.
7. Escrow Fees. Purchaser and Seller shall share equally the costs associated with initial set-up
fees of the Escrow Account, and thereafter Purchaser shall be solely responsible for all other
fees, costs, taxes and expenses related to the escrowed funds and the Escrow Account and the
' Laurel Subdivision Regulations 2006 111
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performance of duties under this Agreement by American Title. American Title shall have a lien
upon all moneys, papers and properties held by it in connection herewith for any fees, costs, or
expenses, due American Title hereunder.
' 8. Scope of Agreement. This Agreement governs only the deposit of the escrowed funds relating
to the Purchaser's Lot by Purchaser into escrow with American Title, the disbursement of those
funds for payment of actual SID assessments or private contracts, if any, related to the
Improvements, to or for the benefit of Purchaser's Lot, and the annual disbursement of interest
accrued on the escrowed funds to Purchaser. Other than the matters specifically addressed
herein, this Agreement shall not supersede or modify the terms and covenants of the SIA, nor
shall any party other than those executing this Agreement be entitled to claim the benefits of this
Agreement. No payment made under this Agreement with respect to a private contract for all or
any portion of the Improvements shall be evidence of the performance of said private contract,
either wholly or in part, and no payment or disbursement by American Title shall be construed to
be an acceptance by either Purchaser or the City of defective work or improper materials
pursuant to such private contract.
1 9. Rights and Duties of American Title. It is expressly understood between the parties
hereto that American Title is to be considered as a depository and agent to collect, hold and
disburse the escrowed funds only, and shall not be responsible or liable in any manner
whatsoever for the sufficiency or correctness as to form, manner of execution, or validity of any
instructions or authorizations for payment relating to said escrowed funds, nor as to the identity,
authority or rights of any person executing such written authorization. American Title assumes
no responsibility, nor is it to be held liable, as to the condition of title to the Purchaser's Lot
involved herein, nor as to any assessments, liens or encumbrances against the Purchaser's Lot,
' except with respect to liens or encumbrances arising from the negligence or willful misconduct
of American Title with reference to its obligations and duties under this Agreement.
1 10. Disputes. In the event of any disagreement between the parties hereto or any parties
interested herein, resulting in adverse claims and conflicting demands being made in connection
with the escrowed funds and the Escrow Account, and disbursements therefrom, American Title
' shall be entitled at its option to refuse to comply with said conflicting demands so long as such
disagreement shall continue. In so refusing, American Title may also refuse to deliver any
moneys, papers or property involved in or affected by this escrow, and shall not be or become
liable to the parties to this escrow for its failure and/or refusal to comply with the conflicting or
adverse demands of the parties hereto. Further, American Title shall be entitled to continue to so
refrain to act until (a) the parties hereto have reached an agreement settling their differences and
shall have notified American Title in writing of such agreement, or (b) the rights of the parties
have been duly adjudicated by a court of competent jurisdiction, except that nothing herein shall
be construed to require American Title to institute any litigation to determine the rights of the
parties hereto. In the event of any disagreement between the parties hereto, or if conflicting
demands or claims are made upon American Title by the parties hereto or interested herein or by
any other party, American Title shall have the right to employ 1 egal counsel to advise it and/or
represent it in any suit or action brought affecting this escrow or the funds held in connection
herewith. Purchaser and the City shall be jointly and severally liab 1 e to American Title for any
' Laurel Subdivision Regulations 2006 112
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1
and all attorney's fees, costs, and disbursements incurred by American Title in connection
herewith, and
upon demand shall forthwith pay the same to American Title. The liability of Purchaser and the
City for reimbursement for the amount of such attorney's fees, costs and disbursements paid to
' American Title shall be governed by the provisions of paragraph 12 below.
11. Default: Remedies. The failure of any party to perform its obligations under the terms of this
' Agreement shall constitute a default hereunder. In the event of any such default, and the failure
of the defaulting party to cure the same within ten (10) days after written notice thereof by the
non-defaulting party or parties, then such non-defaulting parties may:
' (a) Commence a suit or suits in equity or at law, including without limitation an action for the
specific performance of any covenant or agreement contained herein; or
(b) Commence a suit or suits for damages arising from the failure to perform any covenant or
agreement contained herein; or
(c) Pursue enforcement of any other appropriate legal or equitable remedies.
' 12. Attorney Fees and Costs. In the event it becomes necessary for any party to this Agreement
to retain an attorney to enforce any of the terms or conditions of this Agreement, to give any
notice required herein with respect to any default, or to reimburse American Title for any
' attorney's fees, costs or disbursements it may incur pursuant to paragraph 10 above, then the
prevailing party or parties shall be entitled to payment or reimbursement for reasonable
attorney's fees, costs and expenses, from the party or parties who do not prevail.
13. Notices. Any notice required under this Agreement shall be served on all other parties either
personally or by certified mail, return receipt requested, addressed to the party to be served at the
1 following address:
Purchaser:
American Title: 1216 16th Street West
Alpine Village No. 21
Billings, Montana 59102
ATTN:
City: c/o Public Works Office
115 North First Street
Laurel, Montana 59044
ATTN: Public Works Director
Seller:
A party wishing to change its designated address shall do so by notice in writing to the other
party. Notice served by mail shall be deemed complete when deposited in the United States mail,
Laurel Subdivision Regulations 2006 113
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' postage prepaid. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to be receipt of the notice.
14. Amendments: Waiver. No amendments or modifications to this Agreement, or of any
provisions contained herein, shall be binding or enforceable unless the same shall be in writing
and executed in the same manner as this original document and shall after execution become a
part of this Agreement. Any waiver or failure to enforce the terms of this Agreement by any of
' the parties hereto shall not constitute a waiver by said parties of the right to enforce or compel
performance with respect to any continuing or subsequent default hereunder.
' 15. Headings. The headings used herein are for convenience only, and shall not be construed as
part of this Agreement or as a limitation on the scope of the particular paragraphs to which they
refer.
' 16. Binding Effect. The covenants, agreements and all statements in this Agreement shall inure
to and shall be binding on the heirs, personal representatives, successors and assigns of the
' respective parties hereto.
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as of the day and
' year first above written.
"Purchaser"
By:
' Its:
Federal Tax Identification No.
' "American Title"
AMERICAN TITLE INSURANCE COMPANY
By:
Its:
"City"
CITY OF LAUREL, MONTANA
' By:
Its:
"Seller"
By:
Its:
' Federal Tax Identification No.
1
Laurel Subdivision Regulations 2006 114
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1
[l
APPENDIX M
Irrevocable Standby Letter of Credit
(Must be on Lender's Letterhead)
DATE
BENEFICIARY: City of Laurel Public Works, POB 10, Laurel, MT 59044
APPLICANT: Subdivider's name and address
LETTER OF CREDIT NO. ; EXPIRATION DATE:
AT: OUR COUNTERS PRESENTLY LOCATED AT (Lender's address here)
AMOUNT: US$
NOT EXCEEDING: -US$ (spell out)
We hereby issue our Irrevocable Standby Letter of Credit available by your draft(s) drawn at
sight on us and accompanied by the following documents:
' 1. Beneficiary's signed statement certifying that (subdivider's name) , has failed to pay
for required improvements concerning subdividing Subdivision in the City of
Laurel, Yellowstone County.
' 2. Copy of mandatory improvements.
1 3. The original Letter of Credit
This Letter of Credit shall be deemed extended without amendment for one year from the
' expiration date, unless thirty days prior to any expiration date we shall notify you by Registered
Mail that we elect not to consider this Letter of Credit renewed for any such period. In any
communication with us regarding this Letter of Credit, please make specific reference to our
Letter of Credit No. at the top of this letter. Drafts drawn under this Credit must bear the clause:
Drawn under Bank
Irrevocable Standby Letter of Credit No. dated " The amount of
each drawing must be endorsed on the reverse of this credit by the negotiating bank. To the
extent applicable hereto, this Letter of Credit is subject to the Uniform Customs and Practice for
Documentary Credits, 1993 Revision, International Chamber of Commerce Publication, No. 500.
We hereby engage with you that draft(s) drawn and/or documents presented and negotiated
under and in compliance with the terms of this Irrevocable Standby Letter of Credit will be duly
' honored upon presentation to us.
BANK
By:
Laurel Subdivision Regulations 2006 115
Appendix M
APPENDIX N
Restrictions on Transfers and Conveyances Template
SUBDIVISION
THIS DECLARATION is made this day of 200_, by (insert owner's
' name) hereinafter referred to as "Declarant,"
WITNESSETH
WHEREAS, the Declarant is the owner of all of the lots in Subdivision, situated in
Section _, Township . Range , PMM., City of Laurel, Yellowstone County, Montana,
hereinafter referred to as the "Subdivision"; and
WHEREAS, in connection with the filing of the plat for the Subdivision, the Declarant executed
that certain Subdivision Improvements Agreement dated the day of )200
_
to the City of Laurel, which Agreement contains restrictions against the sale, conveyance or
transfer of certain lots in the Subdivision until such time as a private contract has been executed
' providing for the installation and construction of required public improvements; and
WHEREAS, in order to more fully evidence the restriction against sale, conveyance, or transfer
and to give third parties notice of such restrictions, the Declarant desires to execute and record
this Declaration of Restrictions.
' NOW, THEREFORE, in consideration of these premises, the Declarant, for itself and its
successors and assigns, does hereby declare:
' 1. Except as hereinafter provided, the Declarant does hereby agree and declare that the following
described lots shall not be sold, transferred, or conveyed to any third party unless and until a
release has been executed and recorded in accordance with the provisions hereinafter appearing:
Phase II:
Lots , through i, inclusive, Block Subdivision in the City of Laurel,
' according to the official plat on file in the office of the Clerk and Recorder of Yellowstone
County, Montana (# lots total).
' Phase III.
Lots though `, inclusive, Block `; and Lots through _, inclusive, Block ,
Subdivision in the City of Laurel, according to the official plat on file in the
' office of the Clerk and Recorder of Yellowstone County, Montana (# lots total).
2. It is the express purpose and intent of this Declaration to restrict or preclude sale, transfer, or
conveyance of the above-described lots until such time as a private contract has been executed
' and necessary funding guarantees provided, as the case may be, providing for the construction
r Laurel Subdivision Regulations 2006 116
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D
and installation of those public improvements required under the above-described Subdivision
' Improvements Agreement which by reference thereto is hereby incorporated herein as though
fully set forth at this point. It is anticipated, however, that the Declarant will develop
Subdivision, in distinct phases, upon providing for the installation and
' construction of the public improvement necessary to serve the particular phase. In that regard a
release of some but not all of the above described lots may be executed and recorded from time
to time, in accordance with the provisions hereinafter appearing, and upon the recording of said
release, the covenants and restrictions contained herein with respect to the lots described in said
release shall be deemed canceled and terminated, and of no further force and effect.
3. Upon compliance with the requirements for a private contract specified above, a release for
the lot or lots affected thereby shall be executed and recorded by the City of Laurel, pursuant to
the provisions contained in the said Subdivision Improvements Agreement. The execution and
recording of said release shall be deemed conclusive evidence to all third parties purchasing or
acquiring any lot described therein that the restriction against sale, conveyance, or transfer of
said lot has been removed.
4. UNTIL SUCH RELEASE IS EXECUTED AND RECORDED, THIS DECLARATION
SHALL SERVE AS NOTICE TO ALL THIRD PARTIES PURCHASING OR ACQUIRING
ANY OF THE ABOVE-DESCRIBED LOTS OF THE EXPRESS RESTRICTIONS AGAINST
ANY SUCH SALE, CONVEYANCE OR TRANSFER, AND OF THE TERMS AND
CONDITIONS OF THE SAID SUBDIVISION IMPROVEMENTS AGREEMENT, AND
' SHALL FURTHER SERVE AS NOTICE THAT THE CITY OF LAUREL MAY ENFORCE
ANY AND ALL LEGAL RIGHTS AND REMEDIES SPECIFIED IN THE SUBDIVISION
IMPROVEMENTS AGREEMENT SHOULD THE TERMS OF THIS DECLARATION BE
' VIOLATED.
5. The terms, conditions, and restrictions contained in this Declaration shall not preclude or
' restrict the ability of the Declarant to (a) sell, convey, and transfer all of the above-described lots,
all of the lots in one phase, or those lots remaining subject to the terms of this Declaration, as one
unit or group, to a third party, parties or entities; provided, however, that such sale shall be
' subject to this Declaration and the lots shall continue to be subject to the restrictions herein
provided against the sale, transfer and conveyance until a release has been executed and
recorded; or (b) enter into sale and purchase agreements for individual lots; provided, however,
that the deeds or other conveyance documents shall not be delivered to the prospective buyer nor
shall the closing under any such sale and purchase agreements occur until such time as a release
covering the affected lot has been executed and recorded.
' 6. The terms and conditions of this Declaration shall run with the land and shall be binding upon
and shall inure to the benefit of the Declarant, the City of Laurel, and their successors and
' assigns.
IN WITNESS WHEROF, the Declarant has executed this Declaration the day and year first
above written.
1
' Laurel Subdivision Regulations 2006 117
Appendix 0
(Name of Declarant)
STATE OF MONTANA
: SS.
County of YELLOWSTONE)
On this day of , 20before me, a Notary Public in and for the
State of Montana, personally appeared , known to me to be the person
who signed the foregoing instrument and who acknowledged to me that he executed the same.
Notary Public in and for the State of Montana
Printed name:
Residing at Billings, Montana
My commission expires:
Laurel Subdivision Regulations 2006 118
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1
APPENDIX O
Flood Hazard Evaluation
A. Definitions (MCA §76-5-103). Whenever the following words and phrases are used in
this Appendix, they shall be given the meaning attributed to them by this section.
1. Channel: The geographical area within either the natural or artificial banks of a watercourse or
' drainway.
2. Flood: The water of any watercourse or drainway that is above the bank or outside the channel
and banks of the watercourse or drainway.
3. Flood of 100-year Frequency (aka Base Flood): A flood having a one percent (1%) chance of
being equaled or exceed in any given year. A 100-year flood is the same as a base flood.
4. Floodplain: The area adjoining the watercourse or drainway that would be covered by the
floodwater of a flood of 100-year frequency, except for sheetflood areas that receive less than
one foot of water per occurrence and are considered "Zone B" by the federal emergency
management agency.
5. Floodway: The channel of a stream and the adjacent overbank areas that must be reserved in
order to discharge a base flood without cumulatively increasing the water surface elevation more
than one half foot.
6. Watercourse: Any depression two feet or more below the surrounding land serving to give
direction to a current of water at least nine months of the year and having a bed and well-defined
banks.
' B. General.
1. Flood Hazard Areas (See MCA §76-3-504): Land subject to being flooded by a flood of 100-
year frequency as defined in this Appendix by the Federal Emergency Management Agency
(FEMA), or land deemed to be subject to flooding by the City or County, may not be subdivided
for building or residential purposes, or other uses that may increase or aggravate flood hazards to
the public health, safety or welfare, or that may be prohibited by state or local floodplain or
floodway regulations. Land deemed to be subject to flooding by the City or County may include
(but is not limited to) land subject to shallow flooding, groundwater rise, historically flooded
lands and lands located within 2,000 horizontal feet of the channel bank of the watercourse.
2. Where the 100-year floodway has been delineated by a FEMA Flood Insurance Rate Map
(FIRM), a FEMA Floodway Map or a City- or County-approved study on land in a subdivision,
' the 100-year floodway boundary and 100-year floodplain boundary shall be shown on the plat of
the subdivision and the area within the 100-year floodway shall be labeled as a "No-Build Zone."
3. Where the subdivision is within a flood hazard area that has been identified by the City or
County, a Flood Study shall be completed as outlined in Part B and Part C of this Appendix, and
Laurel Subdivision Regulations 2006 119
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I
the 100-year floodway boundary and 100-year floodplain boundary shall be shown on the plat of
the subdivision and the area within the 100-year floodway (see Figure 1) shall be labeled as a
"No-Build Zone."
C. Flood Study Requirements.
I . A Flood Study shall be required for a subdivision if:
a. Any portion of a proposed subdivision is within 2,000 horizontal feet and less than 20 vertical
feet from the channel bank of a watercourse draining an area of 25 square miles or more, and no
official floodplain or floodway delineation (study) of the watercourse has been made; or
b. The subdivision is within a flood hazard area that has been identified by the City or County.
2. The Flood Study shall be performed by a registered Professional Engineer experienced in this
field of work. Upon the request of the City or County, the study shall be submitted to the
Yellowstone County Floodplain Administrator and/or the Floodplain Management Section,
Water Resources Division, Montana Department of Natural Resources and Conservation
(DNRC) for review and comment. A copy of the Flood Study and written comment from County
' Floodplain Administrator and/or the DNRC shall be provided to the Planning Department.
D. Flood Study Contents. The Flood Study shall include the following:
' 1. Certification: Certification by a registered professional engineer, including license number,
seal or stamp, signature and date.
2. Written Report: A narrative report containing a description of the study area, data collection,
the type of modeling method used for both the hydrology and hydraulics, discussion of the
' parameters used, modeling results and conclusions.
3. Site Plan: An overall scaled site plan of the subdivision with location of lot lines and an
identified scale for vertical and horizontal distance showing the following:
a. Vicinity Map
b. Watercourse
c. 100-year floodplain and floodway boundaries
d. Contours shown at intervals between one (1) foot and four (4) feet depending on the site, or at
the discretion of the Floodplain Administrator.
e. Cross-sections
f. Bridges or other constrictions in the floodplain
g. USGS gauging stations (if any)
h. Location and elevation of a temporary benchmark(s) established within the subdivision and
referenced to mean sea level with appropriate elevation adjustment.
4. Cross-sectional information:
Laurel Subdivision Regulations 2006
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120
a. Cross-section elevations and stations should be determined at points representing significant
' breaks in ground slope and at changes in the hydraulic characteristics of the floodplain (i.e.,
points where ground cover, soil, or rock conditions change). Elevations shall be reported in
NAVD 88 or NGVD 29 datum.
b. The number of cross-sections needed, and the distance between cross-sections will vary
depending on the site, the slope of the watercourse, the slope of the channel, and the hydraulic
characteristics of the reach. A minimum of four cross sections are required over the entire reach
with at least two cross-sections at the property where the elevations are desired. Additional
cross-sections shall be taken above, below and at bridges, control structures, or natural
' constrictions in topography.
c. Each cross-section shall cross the entire floodplain. The cross-section alignment should be
perpendicular to the general flow of the watercourse (approximately perpendicular to contour
lines). Elevation stations should be recorded at the channel bank and within the channel to
determine the channel bottom shape. Cross sections shall be reasonably spaced to accurately
define the study area.
d. A profile sheet scaled the same as a FEMA Flood Insurance Study showing the observed
water surface profile, base flood elevation, location of cross sections, subdivision boundaries,
watercourse profile, and thalweg (lowest point of the channel bottom along the reach of the
watercourse).
5. Bridges/Culverts/Pipes: Provide descriptions and sketches of all bridges, culverts and pipes
within the reach, showing unobstructed waterway openings and elevations.
6. Water Surface: Base Flood elevation of the water surface is to be determined and shown on
each valley cross section.
' 7. Supporting Documentation: Provide engineering reports of calculations and assumptions,
historical references, research of published hydrology or calculations showing how hydrology
was derived, and other documentation of research information.
8. Electronic Data: Provide maps and any other information provided for a Flood Study that may
be utilized by FEMA that meets their specific guidelines for digital and electronic data. Please
' refer to FEMA's Flood Hazard Mapping Program at www.fema.gov/fhm/ for specific guidelines
and specifications for data collection.
Figure 1. 100-Year Floodplain Cross-Section Diagram
Laurel Subdivision Regulations 2006
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J
' APPENDIX P
Fee Schedule
(Insert Laurel's)
1
L]
1
1
F1
' Laurel Subdivision Regulations 2006 122
Appendix P