HomeMy WebLinkAboutOrdinance No. O17-01 ORDINANCE NO. 017-01
AN ORDINANCE AMENDING CHAPTER 16 OF THE LAUREL MUNICIPAL CODE
TO UPDATE THE CITY'S SUBDIVISION REGULATIONS.
WHEREAS, the City Council is obligated to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems within the
City and to remain in accordance with Montana law; and
WHEREAS, the City retained a contractor who prepared the attached updates and modifications to
the existing Subdivision Regulations which were subsequently presented to the Laurel City-County
Planning Board who considered all the proposed updates, changes and amendments; and
WHEREAS, the Laurel City-County Planning Board conducted a public hearing to gather public
input on the proposed modifications on January 5, 2017; and
WHEREAS, all the proposed updates, changes and amendments to Chapter 16 are attached hereto
and incorporated into this Ordinance; and
WHEREAS, based on the public hearing and their review of the proposed updates, changes, and
amendments to Chapter 16, the Laurel City-County Planning Board has recommended the adoption
and/or approval of all the proposed changes to the City Council.
BE IT RESOLVED, that upon final passage of this Ordinance by the City Council, the proposed
updates, changes and amendments to the City's existing Chapter 16 shall be formally incorporated into
the Laurel Municipal Code as provided in the attachment to this Ordinance.
This Ordinance shall become effective thirty(30) days after final passage by the City Council and
approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on February 21,
2017,by Council Member Mountsier.
PASSED and ADOPTED by the Laurel City Council on second reading this 7th day of March,
2017, upon motion of Council Member Nelson
APPROVED BY THE MAYOR this 7th day of March, 2017.
CITY OF LAUREL
7/(/ - `
AT • Mark A. Mace, Mayor
1
Bethany KM , Clerk/Treasurer
Ap .v:"form: /
o WISP
Sam S. Painter, Civil City Attorney
Ordinance No.017-01 Subdivision Regulations
A
MEMORANDUM
TO: Laurel City Council
FROM: Monica Plecker,AICP
DATE: February 9, 2017
RE: Laurel Yellowstone City County Planning Area Subdivision Regulations
Legislative Updates:
• The Laurel Subdivision Regulations were last adopted in 2006. Since then a number of legislative
updates to the Title 76 of Montana Code Annotated have changed. Fortunately, Laurel has made some
updates related to required changes for Subdivision for Lease or Rent and Buildings for Lease or Rent,
but there are some minor amendments to be made related to
o SB 40 (2013)related to "date of delivery"for time period related to element review of a
submitted application.
o SB 293 related to a subdivider proposing a shared, multiple user, water or wastewater
subdivision. This bill requires the subdivider to state whether the system will be a public utility as
defined in 69-3-101 and subject to the jurisdiction of the Public Service Commission.
o SB 316 (2013)defining well isolation zone and requirements for easements on adjacent
property owners.
o Definition change to Townhouse
o Timeframe changes related to governing body review time
o Small changes related to divisions of land which may be exempt from review and surveying as
related to townhomes within incorporated cities and towns.
Other Update Considerations:
• Outlining procedures when a subdivision requires zone changes or annexation
• Consider threshold for traffic studies in City Limits or existing residential areas
• Review and make recommendations for applications
• Expedited plat clarification for"checkprint"/Preliminary Plat
• Land Quality Standards for Parkland Dedication
• Off Site Improvements
• Suburban Subdivision Regulations
Procedural History:
• Kick Off Meeting July 2017
• Planning Board Public Hearing January 5th, 2017
• Joint Adoption (City/County) Adoption processes running concurrently. Gauge
y:\nbd\laurel\cta memorandum_council workshop memo 2.9.17.docx 1
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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.).
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 future 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. The area is described as the lands lying within the City of
Laurel and those lands extending four and one half miles beyond the City Limits. For purposes
of these regulations, a map can be found in Appendix A.
These Regulations supplement all other regulations, and where they are at variance with
other 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 Interlocal Coordination
For subdivisions located within the City of Laurel or proposed for annexation, the Laurel City
Council shall act as the AGB. For subdivisions located outside of the City of Laurel the
Yellowstone Board of County Commissioners shall act as the AGB.
86.0T�oCmnmtruction1[imming.
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
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liability for error in improvement placement, and the improvements must comply with the
conditions and agreements of the preliminary plat approval.
16.08;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
the following conditions are met(MCA §76-3-303):
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;
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."
16.098 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.
16.4)9-010 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.
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16.8 $011Severability.
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.
16.044-012 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 in a manner to safelv
convey motorized vehicles, include emer�ency vehicles along the access..-
I 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. Each �overnin� bodv shall make
decisions in their iurisdictions. Subdivision located in Yellowstone Countv shali be reviewed bv
the Countv Commissioners of Yellowstone Countv and subdivisions located in the Citv of Laurel
shall be reviewed bv the Laurel Citv Council.
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.
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I APPLICANT: The owner of land proposed for subdivision or the owner's legally designated
representative for the purposes of submitting a reyuest to subdivide (See SUBDIVIDER).
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.
I 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.
BUILDINGS FOR LEASE OR RENT: Devetopments that are not subdivisions as defined bv
the Montana Subdivision and Plattin� Act. Buildin�s for Lease or Rent are �overned b ��
ordinances found in Chapter 18 of the Laurel Municipal Code.
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.).
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( COVENANT (DEED RESTRICTIOI�: A limitation contained in a deed that restricts or
regulates the use of the real property.
DEDICATION: The deliberate appropriation of Iand by an owner for any genaral anct puhlic
use, reserving ta the landowner no rights that are incompatible with the fu11 exercise and
enjoyment of the public use to which the property has been devoted(MCA §76-3-103(3)).
DEQ: Montana Department of Enviranmental Quality
DIVISION OF LAND: The segregation of one or more parcels of land frarn a larger tract held
in single or undivided ownership by transferring or contracting to transfer title to or passession
of a portion of the tract or properly filing a certificate af survey or subdivision plat establishing
the identity ofthe segregated parcels pursuant ta the Montana Subdivision and Platting Act. The
canveyance of a tract af record or an entire parcel of land that was created hy a previous division
of Iand is not a division of land{MCA §76-3-103(4)).
� DRIVEWAY: A vehicular access serving na more than 2 lots or 5 dwelling units.
DWELLING UNIT: Any building or portion thereof praviding complete, independent, and
permanent living facilities for one family. A family is any nurnber of individuals, related by
blood, marriage, 8CI4�?tlOCly or other legal means, including any number af rninor children in
faster care, andfor any number of unrelated persons (including an}� damestic servants or
caregivers) living together in a dwelling unit(24 CFR Part 4, Section 982.401).
� EASEMENT: Authorizatian by a property owner far another ta use the praperty for a specified
purpose, in which the owner agrees not ta build,obstruct,ar interfere with the specified purpose.
ENGINEER (REGISTERED PROFESSIONAL ENGINEER}: A person licensed in
canfarrnance with the Montana Professional Engineers' Registration Act (MCA §37-b7-301 e#.
seq.)to practice engineering in Mantana.
� FLOOD: When water from any watereourse or drainage rises above the bank ar moves outside
the channel of that watercourse ar drainage(MCA §'7b-5-103{8}).
100-YEAR FLUOD: A flood magnitude expected ta recur on the average of once every 1 aQ
years, or a flood magnitude, which has a 1°/a chance of occurring in any�iven year(MCA §76-5-
103(9}}.
FLUODPLAIN: ' �, ' �,
The area ad,�aining the watercourse or drainwav that
wauld be covered bv�he floadwater of a fload af 14Q-vear fre,�uenc�,except far sheetflood areas
that receive less than 1 foot of water per occurance are cansidered "zone B" or a "shaded X
zane"(MCA §76-5-143(14)).
� FLOODWAY: The channel af a watercaurse or drainage and those portions of the floodplain
adjoining the channel that are reasonably required to carcy and discharge the floodwater of any
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� watercourse or drainage,no construction is permitted in the floodwav unless permitted bv the
Citv of LaureI or Yellowstone Countv Floodplain Adrninistrator (MCA §76-5-103(11)).
GREENBELTIGREENWAY: Corridors of protected apen space managed for conservatian
and recreation purposes as designated by the AG$. Such corridors may be privately or publicly
owned.
I GRUWTH MAIVAGEMENT PLANI GROWTH POLICY. The Plan adopted by the City of
i Laurel to guide grawth and change in the Laurel Planning Jurisdictional Acea(MCA §76-1-601).
� L4T: A parcel,plot, tract, parceI or other land area created by subdivisian, �tat or certificate af
survey for sale,rent,or lease.
LQT MEASUREMENTS:
a. Lot Depth: The length of a tine 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 Frantage: The width of the lot line that fronts a public street right-of-way ar
public raad easement where the lot usuaily has a driveway access.
d. Lot Area: The area of a lat determined exclusive of street, highway, alley, road,
ar ather rights-of-way.
LOT TYPES:
a. Corner Lot: A lot located at the intersection of two streets. �
b. Interiar Lot: A lot with frantage an only one street.
c. Through or Dauble-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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___- !'�F1t 3 ITTi GE-
CORNER 1 INTERIOR i
LOT I LOT €
x
INTERIOR O €€1 THROUGH
[ COLOT
RNER
LOT E €
€ LOT F LOT CORNER ii
f DEPTH LOT f
r----. 1 1 i THROUGH
LOT
CORNER 1 INTERIOR CULOT
LOT i I DE_ ..-~ ~
--- t 1 ! I CORNER SAC IN i RIOR
+ STREET--► LOT / LOT
/INTERIOR
`
------ PROPERTY UNE LOT
BLOCK 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
Residential/Building Code applicable to site-built homes, and are transported to the site for final
assembly on a permanent foundation. See also Laurel Zoning Code 17.08.763.
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.
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MOBILE HOME OR TRAILER: See MANUFACTURED HOME. See also Laurel Zoning
Code 17.08.763.
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.
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 or has been created
by judicial fiat or any other operation of law.,
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.
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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.
SIDEWALK: A minimum 5 foot wide concrete walkway for non-motorized traffic only built to
City or County standards and provided within the road right-of-way, an easement, or within
parkland as applicable.
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
1 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.
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(%2)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.
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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.
Urban Route: Roadways which have been identified by the Montana Department
of Transportations that must be constructed to urban standards.
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. Subsequent minor subdivisions located
within the Laurel City Limits are reviewed as Minor Subdivisions.
SUBDIVISION-DEVELOPMENT FOR RENT OR LEASE: A subs-development 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 Platting 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).
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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
• - - - • • • Property that is owned subject to an arrangement under
which persons own their own units and hold separate title to the land beneath their units, but
under which they may jointly own the common areas and facilities.
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.
ZONING JURISDICTION: The area identified as 1 mile beyond the City of Laurel city limits
which has adopted zoning administered by the City of Laurel.
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
and other City or County departments 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
Amended Laurel Subdivision Regulations 2-0042016 13
Subdivision Review Procedures
meeting. - ' . - ' tate and local regulations and Growth
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.
B. Application submittal. Complete and sufficient applications for major
preliminary plat approval shall be made to the Planning Office, over-berme-: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
Amended Laurel Subdivision Regulations 2-0042016 14
Subdivision Review Procedures
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. For Major Subdivisions over 50 lots, the
AGB shall approve, conditionally approve, or deny the proposed subdivisions
with 80 working days. The subdivider and the Planner may agree to 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. (MCM 76-3-604 (4)
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."
Amended Laurel Subdivision Regulations 20062016 15
Subdivision Review Procedures
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
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 staff report 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.
D. Hearing notice. The Planning Board shall hold a public hearing on all major and
applicable subsequent minor 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 and located within 300'
of the proposed subdivision 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
Amended Laurel Subdivision Regulations 20462016 16
Subdivision Review Procedures
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 or 80 day 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 or 80-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 Growth Policy(MCA §76-1-605(2)(b)).
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. extend the approval for a mutually agreed upon period of time. Any mutually
agreed-upon extension must be in writing and dated and signed by the members of the governing
body and the subdivider or the subdivider's agent. The AGB may issue more than one extension.
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)).
Amended Laurel Subdivision Regulations 29842016 17
Subdivision Review Procedures
After the preliminary plat is approved, and the developer requests changes the Planning Director
or designee shall evaluate the request as described in 16.11.4
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.
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 or submitting an environmental assessment 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_.
The application form and supplemental documents are available in the appendices
of these regulations. For First Minor Subdivisions a draft Findings of Fact must be
prepared by the subdivider as part of the submittal. No public hearing or
environmental assessment is required.
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 a,,sessment 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.
Amended Laurel Subdivision Regulations 2-€4462016 18
Subdivision Review Procedures
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)).
The application form, accompaniments, and review processes are the same as for major
subdivisions.
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-checkprint of the Final 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 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
Amended Laurel Subdivision Regulations NA0.62016 19
Subdivision Review Procedures
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 Growth Policy 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 Growth Policy (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.
16.3.12 Amended Plats
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
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)).
Amended Laurel Subdivision Regulations 20062016 20
Subdivision Review Procedures
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
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
subdivisions.
C. Form and Content. An amended plat shall be entitled "Amended Plat" and
follow the form and content shown in Appendix D "Preliminary Plat
Requirements."
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.
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 checkprint and the supporting
documents are described in Appendix J "Final Plat Requirements". The final
plat 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.
The Planner shall notify in writing the subdivider no later than fifteen (15)
working days after receipt of the checkprint of any changes required.
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 ene—two
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
Amended Laurel Subdivision Regulations 20062016 21
Subdivision Review Procedures
accompanied by a complete final plat application form as provided in Appendix I
"Final Plat 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'3 approval. At the end of the period
months.
After the governing body has approved the plat and 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.
Amended Laurel Subdivision Regulations 28862016 22
Subdivision Review Procedures
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.
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 as found in Chapter 17 of the Laurel
Municipal Code. If there are conflicting requirements between these regulations and the zoning
regulations the most restrictive standards shall apply.
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.
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. Lots must also be in conformance with zoning regulations.
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 m-iximt+m of 32 feet of hie--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 11
feet on a public right of way, public road easement, private easement, or through
a reciprocal access easement.
Residential, commercial, and industrial lots shall have frontage on a public right-of-way,
public raod easement, or private easement. The lots size shall be in conformance
with any applicable zoning regulations. For those subdivisions located outside of
the zoning jurisdiction, all lots shall have a minimum of 32 feet of frontage on a
public right-of-way, public road easement, or private easement. The Planning
Amended Laurel Subdivision Regulations 20062016 23
Development Requirements
Department may require greater frontage for subdivisions that are commercial and
industrial in nature.
D. Division by Rights-of-Way. No single lot may be divided by a public road, alley,
or access easement unless a valid variance is first obtained subject to the variance
procedures provided for in these regulations.:
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
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.
Subdivisions that are developing in the County but are within the City of Laurel
Zoning Jurisdiction, or in close proximity to a public water or sewer system,
should shall consider in designing water and/or sewer systems the future
connection to the public systems. Designing the systems to connect to a public
system is not a requirement but may better facilitate future annexation of existing
development or extension of services to a development from a public system
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 requirements specified in the most
current American Association of State Highway and Transportation
Officials (AASHTO) Manual guidelines. Corner lots must also be of
sufficient lot size and in conformance with zoning as it relates to minimum
lot size and setbacks, if applicable.
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 (to be shown on the plat) is provided for separation of residential
development from railroad or major street rights-of-way.
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.
Amended Laurel Subdivision Regulations 20062016 24
Development Requirements
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.
16.4.5 Blocks.
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.
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 needed to provide circulation or safe access to schools, parks,
playgrounds, shopping,transportation, and other community facilities. Pathways or
sidewalks shall also be installed from at the end of cul-de-sacs or dead ends to the
property boundary of the subdivision to make connections to other cul-de-sacs or
streets in adjacent neighborhoods,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 and any other applicable regulations such as
zoning, Montana Public Works Standards, City of Laurel Standards for
Public Works Improvements and the City of Laurel Rules and Regulations
governing Streets when applicable..-
Amended Laurel Subdivision Regulations?0062016 25
Development Requirements
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 that exceed an aggregate of 5
lots subdivisions shall have two points of access.
7. Dead end roads shall not be more than 600-1000 feet in length.
8. When access roads cannot be installed as required above in#6  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.
Amended Laurel Subdivision Regulations 244042016 26
Development Requirements
Figure 16.4.A.1. Road Network Evaluation Flowchart
Every lot must have legal and physical access.
Subdivider to provide documentation.
4.
Physical access must conform with the standards found in
the Subdivision Regulations.
1
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
r ds. appropri te.
Within the proposed subdivision, roads
shall be looped or connected. Exceptions
can be made when topography prevents.
•
Dead-end roads and/or driveways shall have an
approved turn-around at the end.
•
•----- - -.- - - -• Major or/subsequent minor subdivisions that exceed an
Exceptions may be 4/ aggregate of lots shall have 2 points of access_
considered due to
road location on •
property,
topography, ; Dead-end roads shall not be greater than 1000
waterways, non- feet in length.
negotiable grades
or other similar
conditions.
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.
Amended Laurel Subdivision Regulations 20062016 27
Development Requirements
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 Growth Policy 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 Right-of-Way. Where a subdivision borders on
or contains a railroad, limited access highway, canal, stream or ditch right-
of-way, the subdivider may shall 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
or subsequent 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
Amended Laurel Subdivision Regulations 20062016 28
Development Requirements
subdivider shall provide an 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. Right-of-Way and Half Street and Road Developments. In all cases, the
right-of-way must be provided when developing the property. If the
property is being developed on only one side of an existing or proposed
road or street and dedicated right-of-way or a road easement is required,
the property owner developing must secure the additional right-of-way or
easement from the adjacent property owner. If the additional required
right-of-way or easements cannot be secured, the developer must provide
the full width of right-of-way on the subject property.
When the development is located in the Laurel Zoning Jurisdiction, the
property developing must build the sidewalk, swale, and portion of the
shoulder and roadway as determined by the County Public Works
Department to meet the applicable road design standards. The additional
improvements on the remaining portion of the right-of-way or road
easement will be constructed at the time the adjacent property develops.
Half streets are allowed when they are essential to the subdivision, arc
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 of the street must be
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
Amended Laurel Subdivision Regulations 20062016 29
Development Requirements
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
the -appropriate Public Works Department.
12. Lot Corners at intersections. Lot corners at all road street intersections
shall be rounded with a minimum radius of ten feet when the proposed
subdivision is located outside of the City of Laurel's Zoning Jurisdiction.
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.
Amended Laurel Subdivision Regulations 20062016 30
Development Requirements
18. Road Design and Improvement 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.
19. Street/Road Maintenance: For all subdivisions not located within City
Limits or proposed for annexation, the subdivider shall establish a new
Rural Special Improvement District or expand an existing adjacent RSID
prior to final plat approval to provide funds for ongoing maintenance of all
new public improvements associated with the subdivision. These
improvements may include, but not be limited to, new roads, bridges,
culverts, street signs, sidewalks, pathways and any other public
improvements resulting from the subdivision.
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. Improvement Design. 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.
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.
Amended Laurel Subdivision Regulations 280e2016 31
Development Requirements
1
4. Traffic Accessibility Impact Study. Prior to AGB action on a preliminary
plat, a traffic accessibility impact study shall be prepared by a professional
engineer, with proven competence in traffic engineering and submitted
with the preliminary plat for any new major residential, institutional,
commercial, or industrial development located within City Limits and the
Zoning Jurisdiction. All other proposed subdivisions which will
generate 500 or more vehicular trips per day per the most recent
standards of Trip Generation from the Institute of Transportation
Engineers shall also be required to provide a Traffic Impact Study. 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.
5. Offsite Requirements: When determining a developers proportionate share
of off-site improvements the following shall apply:
a. Payment for Other Costs Directly Attributable to the Subdivision.
When any road or segment of road impacted by the subdivision
will not meet or exceed the local jurisdictions road standards at the
time of full build out of the subdivision, the governing body shall
require the subdivider to pay or guarantee payment of the costs of
improving the road so that it meets the local standards. The
subdivider shall be required to pay or guarantee payment of costs
that reflect the expected impacts directly attributable to the
subdivision, as described below. If an engineer, licensed in the
State of Montana, certifies that the road or segment of road
affected by the proposed subdivision will meet or exceed the
applicable road standards at full build out of the subdivision,the
subdivider shall not be required to contribute to the cost of
improving that road or segment of road.
b. Determining Costs Directly Attributable to the Subdivision. A
Preliminary Engineering Report(PER),prepared and certified by
Amended Laurel Subdivision Regulations 2-0062016 32
Development Requirements
an engineer license in the State of Montana shall provide estimated
costs of improvements necessary to make a road or segment of
road meet or exceed the local road standards. The PER shall
describe the existing and proposed conditions of the impacted road
facility. Estimated costs shall include the following:
i. Estimated preliminary and final engineering costs
including, but not limited to, design plans and
specifications, material testing during construction,
inspection and administration;
ii. Estimated costs of obtaining and completing necessary
permits;
iii. Estimated surveying costs;
iv. Estimated right-of-way acquisition costs;
v. Estimated utility relocation costs;
vi. Estimated costs for geotechnical and miscellaneous design
related site testing and laboratory analysis; and
vii. Estimated costs for road construction/improvements
including materials,turning lanes, horizontal alignment and
vertical grade adjustments, construction staking,temporary
and permanent erosion control, road subgrade stabilization
including geotextiles and subbase, sidewalks, curb and
gutter, topsoil salvage and replacements, revegetation,
weed management, traffic signals,traffic signal timing
changes, temporary traffic control,traffic control,
approaches, bridges, guardrails, signage and/or pavement
markings, non-motorized facilities, provisions for
stormwater drainage, and contingencies to bring the facility
into compliance to these regulations.
c. Estimated costs for any other items necessary to improve the road.
Estimated costs shall not be older than 6 months at the time of final
plat application. The burden of proof for estimate costs is the
responsibility of the subdivider. Estimate costs must be prepared
and certified by an engineer license in the State of Montana.
Estimated costs shall be submitted to the appropriate road and
bridge or public works department for review and
recommendation. The governing body may, at the subdivider's
expense, require a third party, designated by the governing body,
to review estimated costs as described in the PER.
With preliminary approval of the subdivision application,the
governing body shall determine a percentage of the costs described
above by comparing projected annual average daily traffic
(AADT) at full build out of the subdivision with existing AADT.
The percentage of costs shall be calculated for each segment of
road impacted using the following formula
Amended Laurel Subdivision Regulations 20062016 33
Development Requirements
P *(100)=I
(P-E)
Where:
P=Projected AADT
E=Existing AADT
I=Percentage of Impact
d. Use of Funds. Upon receipt of funds related to estimated costs, the
County shall place funds in an interest bearing reserve account,
held and used by the County strictly for the impacted roads or
segments of road within the Subdivision's impacted area.
Amended Laurel Subdivision Regulations 20062016 34
Development Requirements
Generation of an average of 500 weekday vehicle trip ends:
Land Use Threshold Values
Resident-41i (Rounded off values)
50 units
Mobile home 100 units
Lodging:
Motel 50 rooms
Ifistitutionsi
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 Repot4, 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 16.4C.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 and shall
clearly define whether the easement will allow further burden to
the easement and the extent of the further burden to the easement.
Amended Laurel Subdivision Regulations 20062016 35
Development Requirements
7. Private Roads. Private roads may be allowed within a subdivision.—if
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, including those located in the Laurel
Zoning Jurisdiction with the exception of those zoned Agricultural Open
and Residential Suburban shall be provided as shown in Table 16.4.C.1
below.
Street right-of-way and surface widths for all roads, public or private,on
property in the Agricultural Open Space (A-O)and Residential Suburban
Zoning Districts or outside of the Unified Zoning Jurisdiction shall be
provided as shown in Table 4.6.C.1..
Table 4.6.C.1. Required Dedications and Street Improvements for
Subdivisions
Street Type oRight Road f- Lane Parking lanen Median
Miniman
Way Width Width Width width Width Width
Principal
Arterial
6 lanes
w/center turn- 120' 92'* 12'/14'** --- 14' --- 5'
lane
4 lanes
w/center tum- 120' 92'* 12'114'** -- 14' - 5'
lane
Minor
Arterial
4lanes. 100' 68'* 12' --- --- 14' 5'
wlmedi
an
2 lanes
ian 100' 52'* 12' --- --- 14' 5'
w/med
Commercial
Collector
2 lane 80' 44'* 14' 8' --- - 5'
2 lanes
w/center turn 80' 42'* 14' 14' --- 5'
lane
Residential
Collector
2 lane 70' 40'* 12' 8' -- --- 5'
wfceneter turn 80' 50'* 12'
8' 14' - -- 5'
Amended Laurel Subdivision Regulations 20062016 36
Development Requirements
lane
Residential
67' 28 12 n/s 5'
Local Access
Cul-de-Sac 67' 28, 12 Ws 5'
100-600 feet
Cul-de-Sac 40, 24' 10
<100 feet min.
Widths to be provided if warranted by a Traffic Accessibility Study.
** Interior lane(s) is 12 feet and the outside lane is 14 feet.
*** Roads in the Agricultural Open Space or Residential Suburban Zoning Districts,or roads
outside of the Zoning Jurisdiction will be built 28' wide to include 24' driving surfaces,
2' shoulders and drainale swales See Figur 4.6,C.2.or(See Figure 4.6.C.3.) . All
roads within the Zoning Jurisdiction, exccpt for those in the Agricultural Open Space or
Suburban Residential Zoning Districts,will be built 34' wide to include 24' driving
surfaces, 5' shoulders,and drainage swales Lice Figure 4.6.C.L1
n/s No width is specified.
Amended Laurel Subdivision Regulations 244062016 37
Development Requirements
9. Shoulders. Shoulders shall be required on both sides of all roads where no
curb and gutter or parking lanes are required (County subdivisions only).
The shoulders shall be two feet wide and graveled, and must meet the
specifications of the : : . 't :- : - Yellowstone
County 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. Grading/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 16.4.C.1. and 2.)
13. Street surfacing: All roads within or adjacent to the subdivision shall be
paved where they connect to an existing paved road. All roads within or
adjacent to the subdivision may be graveled where the connect to an
existing graveled road. • : - - . : : - • .
• • -• : -- - - - - ,e : 1- •-
aoil-The standards for such surfacing shall be according to City or County
specifications unless otherwise warranted by Engineering design. (See
Figures 16.4.C.1. & 16.4.C.23
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
. . . .
: • - - •• : : -
• :
Amended Laurel Subdivision Regulations 2-0062016 38
Development Requirements
Figure 16.4.C.1.
STANDARD ASPHALT SECTION
q.
30.0' 30.0'
..* — -
--•—• 14.0 14.0' r,
Q Varies 6.0' 1101 12.0' 6.0' Varies d
0.—... - --..-----.--.--w-
2% 1 2%
if11,.451510111mr v
!it4;"!i.i.1N7.17t7,1114Mria.7.4..' ' ' ''''''.'-7'1-'7'''''''''' '.".".-'''''. -' .- - !'Z.47;,p7,.•,7.,I._.1:.ii,
3 in of AC Pavement
3 in of 1 1/2"Minus Crushed Gravel
12 in of 3"Minus Pitrun
Compacted Subgrade
Figure 16.4C.2.
STANDARD GRAVEL SECTION
Q
30.0' 30.0'
- . ....
Varies 6.0' 14.0' 14.0' 6.0' Varies
.1
- ... — - '
d d
f: 2% 2% a4
,------ .
0- -—
,;:--40 .1......-4.4 -11n, 4,44.4-44-444114WiMie4 444.:o4-4,4,-.t -•' .-•47=Vii
0i4A4A44410141NANAMINliMiNrAMANWWWW415.14:OANWINN:l
3 in of 1 72"Minus Crushed Gravel
12 in of 3"Minus Pitrun
Compacted Subgrade
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 i
Local Access 12
Amended Laurel Subdivision Regulations 24062016 39
Development Requirements
15. Pedestrian Pathways/and Sidewalk Connections: Pedestrian
pathraysSidewalks shall be installed with all streets where a majority of
: - -, - ,I!! : .: - -- •- : -:within the Laurel Zoning
Jurisdiction with exception of those properties zoned Agricultural Open
and Suburban Residential. In lieu of, or in combination with, the required
pathways, the subdivider may construct an approved multi use
Required pathway widths shall follow those listed in Table 16.4.C.1. and
meet the appropriate governing body public works standards. It is
recommended that pathway, multi use path, or trail designs follow the
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 or as otherwise
allowable by the Public Works Director for the City of Laurel and
Yellowstone County:
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 (by
variance), 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.)
Amended Laurel Subdivision Regulations 2-4062016 40
Development Requirements
Figure 16.4.C.3. Access Driveway Acceptable Turnarounds
5J' B' Ft , !90' MINIMUM
�• R \ '7f3' h 28' R \
I its' HAMMERHEAD
rIME 'HEAt""} ACCEP TARE= ALTERNATIVE'
!V.`
TO 120' HAMMERHEAD
4_, 60• to' 2} 1 8? \
28' P'\ 728' ,. , 28' R 28, R
CEPTABLE ALTERNATIVE 87 CUL—DE—Sat'..
TO J'C.. HAMMERHEAD
*Width as Required by Table 23-406.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.
Amended Laurel Subdivision Regulations 28862016 41
Development Requirements
1
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. The final DEO approved
storm water management plan for all subdivisions shall be provided with the final
plat and recorded as part of the final DEQ documents when the final plat is
recorded.
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 or rural special
improvement 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.
Amended Laurel Subdivision Regulations 20062016 42
Development Requirements
16.4.8 Sanitary Sewer and Water Systems.
A. If any boundary of the subdivision is within 500 feet of a 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, upon determination from the DEO, 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.
In cases where a waiver is granted and also if the boundary of the subdivision is
more than 500 feet from sanitary sewer services, the subdivider will sign a waiver
of right to protest future sanitary sewer infrastructure improvements and
assessments.
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.
Amended Laurel Subdivision Regulations 20062016 43
Development Requirements
B. Where a subdivision is proposed partially or wholly within Laurel's airport
influence area, us 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)(j)(k)(l)).
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-
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.
Amended Laurel Subdivision Regulations 29062416 44
Development Requirements
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.
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§76-3-504(j)(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.
Amended Laurel Subdivision Regulations 24042016 45
Development Requirements
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.
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.
Any other method reviewed and approved by the Laurel Fire Department having
jurisdiction and the AGB.
C. Major, Commercial, and Subsequent Minor Subdivisions. 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 NFPA 1142.
An approved, 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
Amended Laurel Subdivision Regulations 20062016 46
Development Requirements
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:
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.
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-
Amended Laurel Subdivision Regulations 20062016 47
Development Requirements
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.
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.
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 ROAD SECTION
15.0' 15.0'
Varies 4.0' 10.0' 10.0' 4.0' Varies
. . — . . ► - ► ► 3
0 0
2% 2%
S' a� • • aY 5:1
3 in of 1 '/2"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
Amended Laurel Subdivision Regulations 20062016 48
Development Requirements
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.
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 0
shall be applied, as appropriate.
Amended Laurel Subdivision Regulations 24062016 49
Development Requirements
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, ander shall, pries—teat the time
receiving approval of the final plat, enter into a written SIA which shall be filed concurrently
with the Clerk and Recorder. The SIA is an agreement with the developer and 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 SIA 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
Amended Laurel Subdivision Regulations 20062016 50
Guarantee of Public Improvements
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.
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 AGB City shall authorize the release of any
remaining portion of the improvement guarantee up to 90% of the original amount. The
remaining 10% will be released after any deficiencies are corrected after the one-year warranty
inspection.
Amended Laurel Subdivision Regulations 20002016 51
Guarantee of Public Improvements
16.6 DEVELOPMENTS FOR RENT OR LEASE
16.6.1 General.
A. Purpose. A development providing multiple spaces for rent or lease for
Recreational Vehicles (RV's) and Mobile or Manufactured Homes is created
when any portion of a parcel is rented or leased for the purposes of situating a
temporary or permanent RV, mobile, or manufactured home for 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. These developments are commonly
known as mobile/manufactured home parks and recreation vehicle parks.
subdivision for rent or lease is created when any portion of a parcel is rented or
commercial structure owned by the renter or lessee. The rented/leased land i;,
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
B. Review and approval required. SubsDevelopments created by rent or lease are
exempt from surveying and final plat filing requirements but Mobile/ Manufactured
home parks and RV parks 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
•. ' - •. ' - :Mobile/Manufactured home parks and
RV parks, within the Laurel zoning jurisdiction must comply with Zoning
regulations. If a development for rent or lease will require a zone change or a
zoning variance, those application are to be submitted, reviewed and approved,
conditionally approved or denied prior to submission of an application for
Development for Rent or Lease. For purposes of these types of developments,
setback requirements shall follow the Development Requirements outlined in
I 6.6.2.A .
Amended Laurel Subdivision Regulations 201604 52
Developments Subdivisions for Rent or Lease
16.6.2 Mobile/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.
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.
5. Location of space limits on the ground must be approximately the same as
those shown on the approved plans. Precise surveying of space limits is
not required either on the plans or on the ground.
6. The size of the manufactured home pad must be suitable for the general
market to be served and must fit the dimensions of manufactured homes
anticipated. At a minimum the pad should measure 14 feet wide and 70
feet long. All pads shall be constructed of at least six inches of gravel
over a stabilized sub-base.
7. The total area occupied by a manufactured home and its roofed accessory
buildings and structures may not exceed one-third of the area of a space.
8. All manufactured homes/RV's shall be separated by a minimum of 15
feet.
9. There shall be a minimum of 15 feet between all attached structures such
as carports, awnings, decks, and stairs and any adjacent manufactured
home.
10. There shall be a minimum of six feet between detached structures and any
adjacent manufactured home. Detached structures are defined as any
structure that is more than six feet away from the manufactured home.
11. A minimum of two off-street parking spaces must be provided on or
adjacent to each manufactured home space. The driveway must be located
to allow for convenient access to the manufactured home, and be a
minimum of ten feet wide.
Amended Laurel Subdivision Regulations 201604 53
Developments Subdivisions for Rent or Lease
12. One guest parking space must be provided for each ten five manufactured
home spaces. Group parking may be provided.
13. The density of a recreational vehicle park may not exceed 25 recreational
vehicle spaces per acre of gross site area.
B. Streets.
1. All streets within a manufactured home or RV park shall be private.
2. Private streets shall be designed to provide access to all sites. No site shall
have vehicular access to a public street. The streets shall be laid out to
discourage through traffic and intersections with public streets shall be
kept to a minimum.
3. Streets may be designed for no on-street parking, on-street parking on one
side only, or on-street parking on both sides. All streets shall be paved to
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.
Amended Laurel Subdivision Regulations 201606 54
Developments Subdivisions for Rent or Lease
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
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
Amended Laurel Subdivision Regulations 201604 55
Developments Subdivisions for Rent or Lease
Amended Laurel Subdivision Regulations 201604 56
Developments Subdivisions for Rent or Lease
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 Growth Policy GMP and the
underlying zoning district(s) although the lots may be smaller in area than
required in the underlying zoning district.
Amended Laurel Subdivision Regulations 20062016 57
Cluster Developments and Planned Neighborhood Developments
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.
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.
Amended Laurel Subdivision Regulations 20062016 58
Cluster Developments and Planned Neighborhood Developments
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.
Amended Laurel Subdivision Regulations 20062016 59
Cluster Developments and Planned Neighborhood Developments
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.
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;
d. Passive recreation areas, such as open fields;
e. Active recreation areas;
f. Agriculture, horticulture, silviculture, or pasture uses, provided
that all applicable best management practices are adhered to;
g. 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;
dc. Impoundments; or
Amended Laurel Subdivision Regulations 20062016 60
Cluster Developments and Planned Neighborhood Developments
ed. 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., . - - -- . . - .. -- . . ._ _ _ ;
or
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
Beard;Governing Body; 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'
Amended Laurel Subdivision Regulations 20062016 61
Cluster Developments and Planned Neighborhood Developments
association. In the event the party responsible for maintenance of
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 GMPGrowth Policy.
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.
Amended Laurel Subdivision Regulations 2-0062016 62
Cluster Developments and Planned Neighborhood Developments
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
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 Growth Policy and other plans
adopted by Laurel.
Amended Laurel Subdivision Regulations 2-0962016 63
Cluster Developments and Planned Neighborhood Developments
D. Examples of Cluster Development designs.
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Amended Laurel Subdivision Regulations4462016 64
Cluster Developments and Planned Neighborhood Developments
E. Examples of Planned Neighborhood Developments Designs.
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I Amended Laurel Subdivision Regulations 24042016
65
Cluster Developments and Planned Neighborhood Developments
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.
Amended Laurel Subdivision Regulations 20042016 66
Condominiums and Town Homes
C. Condominium developments shall comply with all applicable provisions of the
Unit Ownership Act— Condominiums, Title 70, Chapter 23, Mont. Code Ann., as
amended.
Amended Laurel Subdivision Regulations 20062016 67
Condominiums and Town Homes
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. When a subsequent subdivision exceeds an
aggregate of five lots from original tract of record aAn 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.
Amended Laurel. Subdivision Regulations 20062016 68
Environmental Assessment
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 0, 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
Amended Laurel Subdivision Regulations 20062016 69
Environmental Assessment
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 1
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.
Amended Laurel Subdivision Regulations 20042016 70
Environmental Assessment
2. Describe measures to preserve trees and critical plant communities (e.g.,
design and location of roads, lots and open spaces).
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 easements 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 andublic health and safety.
tY.
1. Water Supply.
a. Describe how water will be provided for domestic use and fire
protection.
Amended Laurel Subdivision Regulations X8942016 71
Environmental Assessment
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.
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.
e. 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.
Amended Laurel Subdivision Regulations 20042016 72
Environmental Assessment
(1) Provide written evidence from the appropriate sewer
jurisdiction granting permission to connect to that system shall be
submitted with the preliminary plat.
(2) Provide information regarding the installation,
maintenance, and phasing of any proposed public sewage disposal
system.
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.
Amended Laurel Subdivision Regulations 29042016 73
Environmental Assessment
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.
g. Indicate who will pay the cost of installing and maintaining the
roads.
h. Discuss how much daily traffic will be generated on existing local
and neighborhood roads and main arterials when the subdivision is
fully developed.
i. Indicate the capacity of existing and proposed roads and if they are
capable of safely handling the increased traffic resulting from the
proposed subdivision. Describe any additional maintenance that
will be necessary due to increased traffic and who will pay the cost
of maintenance.
j. Indicate ownership of any private access to the subdivision,
including private driveway easements.
6. Utilities.
a. Indicate which utility companies are proposed to serve the
subdivision.
b. State the method of furnishing electric, natural gas or telephone
service, where provided, the extent to which these utilities will be
placed underground, and the estimated completion of each utility
installation.
c. Indicate if there are any existing utility lines on the property such
as transmission lines, pipelines, etc. and if so, describe the impacts
they may have on the proposed subdivision.
7. Emergency Services.
a. Describe the emergency services available to the subdivision
including fire protection, police protection, ambulance, and
medical services.
Amended Laurel Subdivision Regulations 20062016 74
Environmental Assessment
b. Provide an estimate of the number of responses generated by the
subdivision, and the method of determining those numbers.
c. Describe roads to the subdivision and provide information on
compaction standards and widths that satisfy the requirements set
forth for emergency vehicle access.
d. In the event that the proposed subdivision is located within the
Wildland Urban Interface (WUI), the subdivider shall submit a
plan to mitigate fire hazard in accordance with the fire department
having jurisdiction.
e. 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
Amended Laurel Subdivision Regulations 20062016 75
Environmental Assessment
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.
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
Amended Laurel Subdivision Regulations 28962016 76
Environmental Assessment
6. Public health and safety.
Amended Laurel Subdivision Regulations 2-9062016 77
Environmental Assessment
16.10 DEDICATION OF PARKS, TRAILS,AND OPEN SPACE
16.10.1 Park Land Dedication Requirements (MCA§76-3-621).
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:
1. 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.and 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
Amended Laurel Subdivision Regulations 28042016 78
Dedication of Parks, Trails, and Open Space
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.
E. The governing body, in consultation with the subdivider, the Planning Board,
provided that consideration is given to the preference of the subdivider, may
determine suitable locations for parks and playground. In general parkland should
not consist of wet lands, steep slopes, stormwater retention ponds. It should be
noted stormwater ponds may be located in parkland, but it cannot contribute to the
over all aggregate acreage requirement.
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 Growth
Management Plan GMP':,, 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.
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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.
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(n)).
The following subdivisions may not require parkland dedication:
A. A minor subdivision.Land proposed for subdivision into parcels larger than 5
acres;
B. Land proposed for subdivision into parcels larger than five acres.Subdivision for
parcels that are all nonresidential;
C. Subdivision into parcels that arc all nonresidential.A subdivision in which parcels
are not created, except when that subdivision provides permanent multiple
spaces for recreational camping vehicles or mobile homes; or
D. A subdivision in which parcels arc not created, except for condominiums and
when that subdivision provides permanent multiple spaces for recreational
camping vehicles or mobile homes.A first minor subdivision from a tract of
record as described in 76-3-609 (2)
E. A subdivision in which only one additional parcel is created.
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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.
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
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 only 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.
The Planning Board shall conduct a public hearing on any variance requested for all subdivisions
prior to taking action on the preliminary plat application.
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.
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.
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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.
16.11.2 Amendments to Subdivision Regulations.
A. These Regulations may be amended by the both governing bodiesAGB 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.
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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 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
designeePlanner, substantially alter the basic design, or alter open space
requirements of the subdivision. Changes to conditions of approval placed on the
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preliminary plat shall be considered major adjustments unless otherwise
determined using the criteria in Section 16.11.4(C), 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.
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):
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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
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
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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