For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS (LEGAL AND PHYSICAL). LEGAL ACCESS means that each lot in a subdivision either abuts a public (city, county, state, or federal) street or road, or that the subdivider has obtained adequate and appropriate easements across all necessary properties, from a public road to each lot in the subdivision, whether or not a road has been constructed on that property, and has dedicated the easement or private road for public use. PHYSICAL ACCESS means that a street or road conforming to the subdivision design standards provides vehicular access to each lot in the subdivision, either from a public street or road, from a road constructed to local road standards in the obtained easements which is dedicated to public use, or from a private road improved to local road standards which has been dedicated to public use.
ADJOINING LANDOWNER (ADJACENT PROPERTY OWNER). The owner of record of a parcel of land that is contiguous at any point, or land that is separated from the parcel by a road, watercourse, or deeded right-of-way.
AGRICULTURE. All aspects of farming or ranching, including the cultivation or tilling of soil; dairying; the production, cultivation, growing, harvesting of agricultural or horticultural commodities; raising of livestock, bees, fur-bearing animals, or poultry; and any practices including forestry or lumbering operations, including preparation for market, or delivery to storage, to market, or to carriers for transportation to market.
AGRICULTURAL WATER USER FACILITIES. Facilities which provide water for irrigation or stock watering to agricultural lands for the production of agricultural products. These facilities include, but are not limited to, ditches, head gates, pipes, and other water conveying facilities.
BLOCK. A group of lots, tracts, or parcels within well-defined and fixed boundaries.
CERTIFICATE OF SURVEY. A drawing of a field survey prepared by a professional land surveyor for the purpose of disclosing facts pertaining to boundary locations.
CLUSTER DEVELOPMENT. A subdivision with lots clustered in a group of five or more that is designed to concentrate building sites on smaller lots while allowing other lands to remain undeveloped. (MCA § 76-3-103(2))
COMPREHENSIVE PLAN, MASTER PLAN, OR GROWTH POLICY. A COMPREHENSIVE DEVELOPMENT PLAN, MASTER PLAN, or COMPREHENSIVE PLAN that was adopted pursuant to MCA Title 76, Chapter 1, before October 1, 1999, or a policy that was adopted pursuant to MCA Title 76, Chapter 1, on or after October 1, 1999.
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 other parts of the project held in common ownership or use with owners of the other units, pursuant to MCA Title 70, Chapter 23.
COVENANT (RESTRICTIVE COVENANT). A limitation contained in a deed or other document that restricts or regulates the use of the real property.
DEDICATION. The deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.
(MCA § 76-3-103(3))
DEQ. The Montana Department of Environmental Quality.
DIVISION OF LAND. The segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring, or contracting to transfer, title to, or possession of, a portion of the tract, or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels, pursuant to the MSPA. The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a DIVISION OF LAND.
(MCA § 76-3-103(4))
DWELLING UNIT. Any structure or portion thereof providing complete, independent, and permanent living facilities for one household.
EASEMENT. Authorization by a property owner for another to use, or restriction on the right of the owner to use all or a portion of the owner’s property for a specified purpose.
ENGINEER (PROFESSIONAL ENGINEER). A person licensed in conformance with the State’s Engineers’ and Land Surveyors’ Act (MCA Title 37, Chapter 67) to practice engineering in the state.
FLOOD. The water of any watercourse or drainage which is above the bank or outside the channel and banks of such watercourse or drainage.
(MCA § 76-5-103 (8))
FLOOD OF 100-YEAR FREQUENCY. A flood magnitude which has a 1% chance of occurring in any given year, or is a flood magnitude which is expected to recur on the average of once every 100 years.
(MCA § 76-5-103 (9))
FLOODPLAIN. The area adjoining the watercourse or drainage that would be covered by the floodwater of a flood of 100-year frequency.
(MCA § 76-5-103 (10))
FLOODWAY. The channel of a watercourse or drainage, and those portions of the floodplain adjoining the channel, that are reasonably required to carry and discharge the floodwater of any watercourse or drainage.
(MCA § 76-5-103 (11))
GOVERNING BODY. The governing authority of the town organized pursuant to law.
(MCA § 76-3-103 (7))
IMPROVEMENT AGREEMENT. A contractual agreement that may be required by the Town Council to ensure the construction of such improvements as required by local subdivision regulations. The IMPROVEMENT AGREEMENT may require collateral to secure the construction of such improvements, such as the deposit of certified funds, irrevocable letters of credit, performance or property bonds, private or public escrow agreements, or similar financial guarantees.
LANDOWNER. All individuals, groups, or parties with a title interest in the property. For purposes of MCA § 76-3-207, when a parcel of land for which an exemption from subdivision review is claimed is being conveyed under a contract-for-deed, the terms PROPERTY OWNER, LANDOWNER, and OWNER mean the seller of the parcel under the contract-for-deed. For all other purposes of these regulations, the terms PROPERTY OWNER, LANDOWNER, and OWNER mean both the seller and the purchaser under a contract for deed.
(ARM § 24.183.1104)
LOCAL SERVICES. Any and all services that local governments, public or private, utilities are authorized to provide for the benefit of their citizens.
LOT. A parcel, plot, or other land area created by subdivision for sale, rent, or lease.
LOT MEASUREMENT.
(1) LOT AREA. The area of a lot determined exclusive of street, highway, alley, road, or other rights-of-way or access easements;
(2) LOT DEPTH. The length of a line drawn perpendicularly to the front lot line and extending to the rear lot line;
(3) LOT FRONTAGE. The width of the front lot line; and
(4) LOT WIDTH. The average width of the lot.
LOT TYPES.
(1) CORNER LOT. A lot located at the intersection of two streets;
(2) FLAG LOT. A lot of irregular shape, the bulk of which is normally situated to the rear of other lots, having as its frontage and access a drive connecting it to a street;
(3) INTERIOR LOT. A lot with frontage on only one street; and
(4) THROUGH OR DOUBLE-FRONTAGE LOT. A lot whose front and rear lines both abut on streets.
MAJOR SUBDIVISION. A subdivision that creates six or more lots.
MINOR SUBDIVISION. A subdivision that creates five or fewer lots.
MOBILE (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 MANUFACTURED 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 Uniform Building Code Standards applicable to site-built homes, and are transported to the site for final assembly on a permanent foundation.
MOBILE (MANUFACTURED) HOME PAD. Area of a mobile home space which has been prepared for the placement of a mobile home.
MOBILE (MANUFACTURED) HOME PARK. A tract of land that provides, or will provide, spaces for two or more mobile homes.
MOBILE (MANUFACTURED) HOME SPACE. A designated portion of a parcel of land designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants.
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY MINIMUM STANDARDS. Minimum standards promulgated by the state Department of Environmental Quality, pursuant to MCA § 75-5-101 et seq.
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.
MSPA. Montana Subdivision and Platting Act, MCA Title 76, Chapter 3.
NATURAL ENVIRONMENT. The physical conditions which exist within a given area, including land, air, water, mineral, flora, fauna, sound, light, and objects of historic and aesthetic significance.
OPEN SPACE. Land or water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state.
OVERALL DEVELOPMENT PLAN. The plan of a subdivision design proposed to be subdivided in stages.
PLANNED UNIT DEVELOPMENT (P.U.D.). A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks that compose a planned mixture of land uses, built in a prearranged relationship to each other, and having open space and community facilities in common ownership or use.
(MCA § 76-3-103 (11))
PLANNING BOARD. A PLANNING BOARD formed pursuant to MCA Title 76, Chapter 1.
PLAT. A graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.
(1) AMENDED PLAT. The final drawing of any change to a filed platted subdivision, or any lots within a filed platted subdivision.
(2) 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 MSPA.
(MCA Title 76, Chapter 3).
(3) 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 furnish a basis for review by the county Planning Board and Town Council, as more specifically set forth in these regulations and the MSPA.
(4) VACATED PLAT. A plat which has been voided under the provisions of MCA §§ 76-3-305, 7-5-2501, 7-5-2502, 7-14-2616(1) and/or (2), 7-14-2617, 7-14-4114(1) and/or (2), and 7-14-4115.
PRE-APPLICATION SKETCH (OR DRAWING). A legible drawing showing approximate boundaries, dimensions, areas, distances, and other pertinent information of a proposed subdivision, all as more particularly set forth in § 154.04(D).
PUBLIC HEALTH AND SAFETY. The prevailing healthful, sanitary condition of well being for the community at large. Conditions that relate to PUBLIC HEALTH AND SAFETY include, but are not limited to: disease control and prevention; emergency services; environmental health; flooding, fire or wildfire hazards, rock falls or landslides, unstable soils, steep slopes, and other natural hazards; high voltage lines or high pressure gas lines; and air or vehicular traffic safety hazards.
PUBLIC IMPROVEMENT. Any structure or facility constructed to serve more than one lot in a subdivision which is dedicated to the public, or otherwise acquired by a government entity, for public use. Examples of typical PUBLIC IMPROVEMENTS include parks, streets or roads, sidewalks, curbs, gutters, and street lighting, utilities, and systems for water supply, sewage disposal, drainage, or fire protection.
PUBLIC ROAD OR STREET. A road or street is public if its right-of-way has been dedicated or acquired for public use.
PRIVATE IMPROVEMENT. Private improvements are the same types of improvements as defined under PUBLIC IMPROVEMENTS, except the structure or facility has not been dedicated to the public or otherwise acquired by a government entity for public use.
PRIVATE ROAD. A road is private if its right-of-way has neither been dedicated nor acquired for public use. A private road may be open to use by the general public or public access may be restricted.
RECREATIONAL CAMPING VEHICLE. A vehicular-type unit 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.
RECREATIONAL VEHICLE PARK. A tract of land available to, and principally used by, the public for camping, where persons can park recreational vehicles for camping and sleeping purposes.
RECREATIONAL VEHICLE SPACE. A designated portion of a recreational vehicle park designed for the placement of a single recreational vehicle and the exclusive use of its occupants.
REVIEWING AUTHORITY. The DEQ or local Board of Health or Sanitarian as authorized under MCA Title 76, Chapter 4.
RIGHTS-OF-WAY. A linear public way established or dedicated for public purposes by a duly recorded plat, deed, easement, grant, prescription, condemnation, governmental authority, or by operation of law intended to be occupied by a street, non-motorized vehicle path, railroad, electric transmission lines, water line, sanitary sewer line, storm sewer line, or other similar uses.
STATE. The state of Montana.
STREET TYPES. For purposes of these regulations, street types are defined as follows.
(1) ALLEY. A public or private way reserved as a secondary means of access to the rear or side of lots which abut on, and are served by, public roads.
(2) ARTERIAL. A street or road having the primary function of moving traffic with emphasis on a high level of mobility for through movement, and the secondary function of providing access to adjacent land. ARTERIALS generally carry relatively large volumes of traffic. ARTERIALS have two to four lanes of moving traffic and should provide only limited access to abutting property.
(3) COLLECTOR. A street or road having the equally important functions of moving traffic and providing access to adjacent land. COLLECTOR STREETS have two moving traffic lanes, and up to two parking lanes.
(4) CUL-DE-SAC. A street having only one outlet for vehicular traffic and terminating in a turn-around area.
(5) 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.
(6) 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.
(7) LOCAL STREETS. A street or road having the primary function of serving abutting properties, and the secondary function of moving traffic. LOCAL STREETS have two moving lanes of traffic, up to two parking lanes, and provide access to abutting properties.
(8) LOOP. A local street which begins and ends on the same street, generally used for access to properties.
SUBDIVIDER. Any person, firm, or corporation, or other entity which causes land to be subdivided, or which proposes a subdivision of land. When used in these regulations, the term SUBDIVIDER may also include the property purchaser on a contract-for-deed or its agent, or the landowner’s agent, if the landowner has provided the Subdivision Administrator written notification that the landowner’s agent is authorized to act on the landowner’s behalf, and to receive notices regarding local government decisions concerning the subdivision.
(MCA § 76-3-103(15))
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(16))
SUBDIVISION ADMINISTRATOR. The person or persons authorized by the Town Council to perform the duties of review and administration set forth in these regulations.
SURVEYOR (PROFESSIONAL LAND SURVEYOR). A person licensed in conformance with the Montana Engineers’ and Land Surveyors’ Act to practice surveying in the state.
(MCA Title 37, Chapter 67)
SURVEYOR (PROFESSIONAL LAND SURVEYOR). A professional land surveyor duly appointed by the Town Council to review surveys and plats submitted for filing.
SWALE. A drainage channel or depression designed to direct surface water flow.
TITLE REPORT (ABSTRACT OF TITLE, SUBDIVISION GUARANTEE, OR PLATTING REPORT). A report from a title service company on the condition of title to the property proposed for subdivision, which identifies the owners of record of the property, lien holders, encumbrances, easements and restrictions of record, and all other conditions of title of public record, and accompanied by a guarantee of the accuracy of the report from the title insurance agent or its underwriter.
TOPOGRAPHY. General term to include characteristics of the ground surface such as plains, hills, mountains, slopes, and other physiographic features.
TOWNHOUSE LOT. Arrangement under which units share a common wall, and individuals own his or her own units and hold separate title to the land beneath the unit.
TRACT OF RECORD. An individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the County Clerk and Recorder’s office.
(MCA § 76-3-103(17)(a))
VICINITY SKETCH. A map at a scale suitable to locate a proposed subdivision, showing the boundary lines of all adjacent properties and streets, and other information necessary to determine the general location of the proposed subdivision.
WILDLIFE. Animals that are not domesticated or tamed, or as may be defined in a growth policy.
WILDLIFE HABITAT. The place or area where wildlife naturally lives or travels through.
(Prior Codes, § 11-4-1)