(A) General. All subdivisions approved by the Town Council must comply with the provisions of this section, except where granted a variance pursuant to § 154.25(A). The Town Council may not grant variances from the provisions of division (E) below. For planned unit developments, subdivisions created by rent or lease, and condominiums, refer to § 154.49 of these regulations.
(B) Conformance with regulations. The design and development of a subdivision must conform with any applicable zoning or other regulations. Where no zoning regulations are in effect, maximum density and minimum lot size must be established in consultation with local and state health authorities.
(C) Natural environment. The design and development of subdivisions must provide satisfactory building sites which are properly related to topography, and must, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees, and natural vegetation.
(D) Lands unsuitable for subdivisions. The Town Council may find land to be unsuitable for subdivision because of potential hazards, such as flooding, snow avalanches, rock falls, land slides, adverse soil types, steep slopes in excess of 25% slope, high potential for wildfire, subsidence, high water table, polluted or non-potable water supply, high voltage lines, high pressure gas lines, aircraft or vehicular traffic hazards or congestion, or severe toxic or hazardous waste exposure; or because of unreasonable burdens on the general public, such as requirements for the excessive expenditure of public funds, environmental degradation, or other features which may be detrimental to the health, safety, or general welfare of existing or future residents. These lands must not be subdivided for building or residential purposes unless the hazards are eliminated, or will be mitigated, by approved design and construction plans.
(E) Floodplain provisions. Land located in the floodway of a 100-year flood event, as defined by MCA Title 76, Chapter 5, or other land determined by the Town Council to be subject to flooding, may not be subdivided for building or residential purposes, or other uses that may increase or aggravate flood hazards to life, health, or welfare, or that may be prohibited by state or local floodplain or floodway regulations.
(1) If any portion of a proposed subdivision is within 2,000 horizontal feet and 20 vertical feet of a live stream draining an area of 25 square miles or more, and no official floodway delineation or floodway studies of the stream have been made, the subdivider shall provide in detail to the Floodplain Management Section of the Water Resources Division of the State Department of Natural Resources and Conservation (DNRC), a flood hazard evaluation, including the calculated 100-year frequency water surface elevations, and the 100-year floodplain boundaries. This detailed evaluation must be performed by a licensed professional engineer experienced in this field of work. The evaluation must follow the “guidelines for obtaining 100-year flood elevations in Approximate Zone A or unmapped areas”, which may be found at the following website: http://www.mtfloods.org. The subdivider shall be responsible for assuring the DNRC submits its report to the Subdivision Administrator prior to the hearing or meeting on the subdivision application.
(2) The above requirement is waived if the subdivider contacts the Water Resources Division and that agency states, in writing, that available data indicate that the proposed subdivision is not in a flood hazard area. However, the DNRC may require additional information following the above guidelines to ensure there are no flood hazards.
(F) Improvement design. Engineering and survey plans, specifications, and reports required in connection with public improvements and other elements of the subdivision application required by the Commission must be prepared by a professional engineer or a professional land survey, or as their respective licensing laws allow, in accordance with the MSPA and these regulations.
(G) Lots. Each lot must contain a satisfactory building site and conform to County Health Board regulations, applicable zoning regulations, and these regulations below:
(1) No single lot may be divided by a municipal or town boundary line;
(2) No single lot may be divided by a public road, alley, or utility right-of-way or easement;
(3) Each lot must abut and have access to a public or private street or road. Alleys may not be used to provide the primary means of access to a lot;
(4) Corner lots must have driveway access to the same street or road as interior lots;
(5) Corner lots must be of sufficient area to provide acceptable visibility for traffic safety;
(6) No lot may have an average depth greater than three times its average width;
(7) Side lot lines must be at substantially right angles to street or road lines, and radial to curved street or road lines; and
(8) Through lots are prohibited, except where essential to provide separation of residential development from traffic arteries, or to overcome specific disadvantages of topography or orientation.
(H) Blocks. Blocks must be designed to assure traffic safety and ease of traffic control and circulation, to accommodate the special needs of the use contemplated, and to take advantage of the limitations and opportunities of the topography.
(1) Unless impractical, block length must not be more than 1,000 feet.
(2) Blocks must be wide enough to allow for two tiers of lots, except where essential to provide separation of residential development from traffic arteries, or to overcome specific disadvantages of topography and orientation, or unless the Town Council approves the design of irregularly shaped blocks indented by cul-de-sacs.
(3) Rights-of-way for pedestrian walks not less than ten feet wide must be required where deemed essential to provide circulation or safe access to schools, playgrounds, shopping, transportation, and other community facilities.
(I) Streets and roads; design. The arrangement, type, extent, width, grade, and location of all streets 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) Roads must meet the design specifications in division (K) below.
(2) Where streets terminate, either a cul-de-sac or “T” turnaround must be provided at the terminus. Cul-de-sacs and “T” turnarounds must conform to the design specifications in division (K) below.
(3) All streets must either be dedicated to the public, or be private streets to be owned and maintained by an approved property owners’ association.
(4) Residential driveways must not have direct access to primary highways. Any vehicular access onto a state highway must be approved by the State Department of Transportation.
(5) Local streets must be designed so as to discourage through traffic.
(6) Whenever a subdivision abuts or contains an existing or proposed arterial highway or major thoroughfare, the Town Council may require frontage roads or other treatment, as may be necessary to adequately protect residential properties and to separate arterial and local traffic.
(7) Half-streets are prohibited except when they are essential to the development of the subdivision, and when the Town Council 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 platted within the new subdivision.
(8) The alignment of all streets and roads must provide adequate sight distances.
(9) The following requirements apply to intersections:
(a) Streets must intersect at 90 degree angles except when topography prohibits this alignment. In no case may the angle of an intersection be less than 60 degrees to the center line of the roadway being intersected;
(b) Two streets meeting a third street from opposite sides must be offset at least 125 feet for local roads and 300 feet for arterials or collectors;
(c) More than two streets may intersect at one point;
(d) Intersections of local streets with major arterials or highways must be avoided;
(e) Intersections must be designed to provide adequate visibility for traffic safety based on the designed operating speeds of the intersecting roadways;
(f) Top intersections are prohibited, unless no alternatives exist. Intersections on local roads within 100 feet of a hilltop are prohibited. Intersections on arterial and collector roads within 200 feet of a hilltop are prohibited. If no alternative to a hilltop intersection exists, additional traffic control devices will be required;
(g) Grade of approaches to major highways may not exceed 3%; and
(h) Any road which intersects a paved roadway shall be paved for a minimum of 30 feet from paved road.
(10) Names of new streets or roads aligned with existing streets must be the same as those of the existing streets. Proposed street names may not duplicate or cause confusion with existing street names.
(11) Proposed road plans and profiles, as required by § 154.05, are subject to approval by the Public Works Director.
(12) To facilitate access by emergency vehicles, and to allow an escape route for residents in emergency situations, the developer shall provide a second access in major subdivisions.
(J) Streets and roads; improvements. All roadway improvements, including pavement, curbs, gutters, sidewalks, and drainage, must be constructed in accordance with the specifications and standards prescribed in these regulations using materials approved by the Town Council.
(1) Roadway subgrades must be free of topsoil, sod, vegetation, or organic matter, soft clay, and other substandard materials. Subgrades must be properly rolled, shaped, and compacted, and must be approved by the Town Council.
(2) Streets and roads must be designed to ensure proper drainage. This may require surface crowning, culverts, curbs and gutters, drainage swales, and storm drains.
(3) Where access from a public road to the subdivision will cross properties not owned by the subdivider, the subdivider must obtain proper easements of sufficient width to satisfy the requirements of division (K) below.
(a) Easements must be granted by each property owner in a signed and notarized document.
(b) The location of any road easement must be shown on the plat or on a supplemental map. 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.
(4) Existing trees and other vegetation must be preserved whenever appropriate. Plantings may be required for buffering, screening, or prevention of soil erosion, and are subject to approval by the Town Council.
(5) Street lights will be required in subdivisions proposed within, or adjacent to, areas with existing street lighting. Street lighting may be required in other areas when necessary to protect public safety.
(6) Street or road signs and traffic control devices of the size, shape, and height approved by the Town Council must be placed at all intersections. Traffic control devices must conform to the standards contained in the Manual on Uniform Control Devices available from the State Department of Transportation.
(7) When required by the United States Postal Service, the developer must provide an off-street area for mail delivery. Responsibility for maintenance may be included as part of the public improvements agreement.
(8) An addressing system must be developed in conformance with the addressing requirements of the town.
(K) Road design standards for subdivisions.
Minimum Design Standards
|
Minor Collector
|
Local Road
|
Minimum Design Standards
|
Minor Collector
|
Local Road
|
Minimum right-of-way width | 60 feet | |
a. Level terrain | 50 feet | |
b. Hilly terrain | 60 feet | |
Minimum roadway width¹ | 26 feet | 24 feet |
Minimum curb radius or edge of pavement at intersection | 25 feet | 15 feet |
Maximum grades | 8% | 10% |
Approaches on public roads | ||
a. Minimum sight distance | 200 feet | 150 feet |
b. Minimum width | 35 feet | 30 feet |
c. Maximum grade for 20 feet | 5% | 5% |
Curvature² | ||
a. Design speed | 30 mph | 20 mph |
b. Maximum curve | 23 | 53.5 |
c. Minimum radius | 249 feet | 107 feet |
Cul-de-sac/turnarounds | ||
a. Maximum road length | - | 1,000 feet |
b. Cul-de-sac: minimum outside right-of-way radius | - | 40 feet |
c. Cul-de-sac: minimum outside roadway radius | - | 35 feet |
d. “T” turnaround: backup lengths (two required) | - | 30 feet each |
New bridges | ||
a. Curb-to-curb widths³ | 26 feet | 24 feet |
b. Design load capacity | 20 tons | 20 tons |
c. Vertical clearance | 14.5 feet | 14.5 feet |
Notes to table: ¹ Where parking will be permitted, add eight feet on each side. If guardrail installation is required or a shoulder is desired, add two feet to each side of roadway. ² Curvature is based on a super-elevation of 0.08/feet. ³ Width of the bridge roadway surface should match the width of the roadway system it joins. | ||
(L)
(M) Drainage facilities. The drainage system and facilities required for storm run-off affecting the subdivision are subject to approval by the Town Council. Subdivisions containing lots less than 20 acres in size also must be reviewed and approved under MCA Title 76, Chapter 4, by the DEQ.
(1) A grading and drainage plan, as required by § 154.05, is subject to approval by the Public Works Director.
(2) Curbs and gutters or swales will be required based on the character of the area, density of development, and nature of adjoining properties. Curbs and gutters of adjoining properties must be extended according to current specifications of local and state authorities.
(3) Culverts or bridges of adequate size must be provided and installed by the subdivider where drainage channels intersect any street or road right-of-way, or easement. All culverts must extend at least across the entire width of the base of the fill; the amount of backfill to be placed over the culvert and the culvert’s capacity must be determined by a professional engineer. The plan must include arrangements for driveway culverts.
(4) The subdivider must provide suitable drainage facilities for any surface runoff affecting the subdivision; these facilities must be located in street rights-of-way or in perpetual easements of appropriate widths.
(5) Each culvert or other drainage facility must be large enough to accommodate potential runoff from upstream drainage areas.
(6) Drainage systems must not discharge into any sanitary sewer facility.
(7) The grading and drainage system must be designed and certified by a professional engineer.
(8) The Town Council may require the subdivider to grant easements to prevent encroachment or disruption of drainage ways or facilities. Drainage easements must be drawn on the plat, and a signed statement granting the easements must appear on the plat.
(N) Water supply systems. All water systems are subject to approval by the Town Council. Systems for subdivision lots must meet the minimum standards of the DEQ and contained in the Administrative Rules of Montana (ARM), which are incorporated into, and made a part of, these regulations by this reference. The Town Council may not approve the final plat of a subdivision containing lots less than 20 acres in size, unless the subdivision has been approved by DEQ under the Sanitation in Subdivision Act, MCA §§ 76-4-101 et seq.
(1) The Town Council will require that any proposed central system provide adequate and accessible water for fire protection.
(2) Where the subdivision is within the service area of a public water supply system, the subdivider must install complete water system facilities in accordance with the requirements of the jurisdiction involved and the DEQ. The subdivider must submit plans and specifications for the proposed facilities to the jurisdiction involved and to the DEQ, and must obtain their approval prior to undertaking any construction.
(O) Sewage treatment systems.
(1) All sewage treatment systems are subject to the approval of the Town Council. Systems for subdivision lots less than 20 acres in size also must meet the minimum standards of the DEQ which are incorporated into, and made a part of, these regulations by this reference. For subdivisions that will create one or more parcels containing less than 20 acres, the subdivision must have been approved by DEQ under the Sanitation in Subdivision Act, MCA §§ 76-4-101 et seq., before the Town Council can approve the final plat.
(2) Where the subdivision is within the service area of a public sanitary sewer system, the subdivider must install complete sanitary sewer system facilities in accordance with the requirements of the jurisdiction involved and the DEQ. The subdivider must submit plans and specifications for the proposed facilities to the jurisdiction involved and to the DEQ, and must obtain their approvals prior to undertaking any construction.
(P) Solid waste. The subdivider must provide for collection and disposal of solid waste that meet the regulations and minimum standards of the DEQ. The means for solid waste collection and disposal are to be subject to approval by the Town Council.
(Q) Utilities. The subdivider must provide adequate and appropriate easements for the construction of utilities within the subdivision. The subdivider must obtain any easements necessary to extend utilities to the subdivision.
(1) Utilities must be placed underground, wherever practical. Underground utilities, if placed in the street right-of-way, must be located between the roadway and the right-of-way line to simplify location and repair of lines. Such underground facilities must be installed after the street has been brought to grade and before it is surfaced, to eliminate disturbance of the surfacing for the connection of individual services.
(2) Overhead utility lines must be located at the rear property line, where practical.
(3) Utility facilities must be designed by utility firms in cooperation with the subdivider, subject, however, to all applicable laws and all rules and regulations of any appropriate regulatory authority having jurisdiction over such facilities.
(4) Utility easements must be centered on side and rear lot lines wherever necessary and, if placed in the street, be located between the roadway and the right-of-way line.
(5) Utility easements must be a minimum of 15 feet wide unless otherwise specified by a utility company or the Commission.
(6) When a utility is to be located in an existing, dedicated right-of-way, a notice of utility occupancy must be obtained from the Town Council, or local or state highway department.
(7) In addition to showing the location of the utility easement on the plat with dashed lines, the following statement must be on the final plat: “The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water, or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities, in, over, under and across each area designated on this plat as ‘Utility Easement’ to have and to hold forever.”
(R) Watercourse and irrigation easements.
(1) Except as noted in division (R)(1)(b) below, the subdivider shall establish within the subdivision ditch easements that:
(a) Are in locations of appropriate topographic characteristics 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;
(b) Are a sufficient distance from the centerline of the ditch to allow for construction, repair, maintenance, and inspection of the ditch; and
(c) Prohibit the placement of structures, or the planting of vegetation other than grass, within the ditch easement without the written permission of the ditch owner.
(2) The subdivider need not establish irrigation easements as provided above if:
(a) The average lot size in the proposed subdivision will be one acre or less, and the subdivider provides for disclosure, in a manner acceptable to the Town Council, notifying potential buyers that lots within the subdivision are classified as irrigated land and may continue to be assessed for irrigation water delivery, even though the water may not be deliverable to the lots;
(b) The water rights have been removed from the land within the subdivision, or the process has been initiated to remove the water rights from the subdivided land; and/or
(c) The fact the water rights have been, or will be, removed from the land within the subdivision is denoted on the preliminary plat. If the removal of water rights has not been completed at the time the final plat is filed, the subdivider shall provide written notification to prospective buyers of the subdivider’s intention to remove the water right, and shall document that intent, when applicable, in agreements and legal documents for related sales transactions.
(3) The subdivider shall, unless otherwise provided under separate written agreement or filed easement, show on the preliminary and final plat, and file and record with the County Clerk and Recorder, ditch easements for the unobstructed use and maintenance of existing water delivery ditches, pipelines, and facilities in the proposed subdivision 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 are consistent with historic and legal rights. A minimum width of ten feet is required on each side of irrigation canals and ditches for maintenance purposes.
(S) Disposition of water rights. If a subdivision will create lots averaging less than five acres in size, the subdivider shall submit evidence with the final plat that the subdivider has:
(1) Reserved all or a portion of the appropriation water rights owned by the owner of 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 and reserved, and severed any remaining surface water rights from the land;
(2) 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, established 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
(3) Reserved and severed all surface water rights from the land proposed for subdivision.
(T) Park land dedication; cash in lieu; waivers; administration.
(1) Except as provided below, the final plat of a residential subdivision must show that the subdivider has dedicated to the Town Council a cash or land donation equal to:
(a) Eleven percent of the area of the land proposed to be subdivided into parcels of one-half acre or smaller;
(b) Seven and a half percent of the area of the land proposed to be subdivided into parcels larger than one-half acre and not larger than one acre;
(c) Five percent of the area of the land proposed to be subdivided into parcels larger than one acre and not larger than three acres; and
(d) Two and a half percent of the area of the land proposed to be subdivided into parcels larger than three acres and not larger than five acres.
(2) A park dedication is not required for:
(a) Minor subdivisions;
(b) Subdivision lots larger than five acres;
(c) Non-residential subdivision lots;
(d) Subdivisions in which parcels of land will not be created, other than subdivisions that will provide permanent multiple spaces for recreational camping vehicles, mobile homes, or condominiums; or
(e) Subdivisions which will create only one additional parcel.
(3) The Town Council, in consultation with the subdivider and the Planning Board, may determine suitable locations for parks and playgrounds and, giving due weight and consideration to the expressed preference of the subdivider, may determine whether the park dedication must be a land donation, cash donation, or a combination of both. When a combination of land donation and cash donation is required, the cash donation may not exceed the proportional amount not covered by the land donation. The land dedicated for park use may be inside or outside the boundaries of the proposed subdivision.
(4) The Town Council will waive the park dedication requirement if it determines that:
(a) The preliminary plat provides for a planned unit development or other development, with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development;
(b) 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 division (T)(4) above;
(c) The proposed subdivision will provide for the long-term protection of critical wildlife habitat; cultural, historical, or natural resources; agricultural interests; or aesthetic values;
(d) The provision of this long-term protection will result in the reduction of the area of the land proposed to be subdivided by an amount equal to or exceeding the area that would have had to be dedicated under division (T)(1)(a) above;
(e) The area of the land proposed to be subdivided, by virtue of a combination of the provisions of divisions (T)(4)(a) and (T)(4)(b) above, is reduced by an amount equal to or exceeding the area of the dedication required under division (T)(1)(a) above;
(f) The subdivider provides for 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
(g) The area of the land and any improvements set aside for park and recreational uses equals or exceeds the area of dedication required under division (T)(1) above.
(5) The Town Council may waive the park dedication requirement if:
(a) The subdivider provides land outside the subdivision that affords long-term protections of critical wildlife habitat, cultural, historical, or natural resources, agricultural interests, or aesthetic values; and
(b) The area of land to be subject to long-term protection, as provided in division (T)(5)(a) above, equals or exceeds the area of dedication required under division (T)(1) above.
(6) Subject to the approval of the local Town Council, and acceptance by the school district trustees, a subdivider may dedicate a land donation provided under division (T)(3) to a school district, adequate to be used for school facilities or buildings.
(7) Town Council will administer funds dedicated to the public under this section in accordance with MCA § 76-3-621.
(8) For the purposes of this park dedication requirement:
(a) “Cash donation” means the fair market value of the unsubdivided, unimproved land; and
(b) DWELLING UNIT. A residential structure in which a person or persons reside.
(U) Fire protection. All subdivisions must be planned, designed, constructed, and maintained so as to minimize the risk of fire, and to permit the effective and efficient suppression of fires in order to protect persons, property, grazing lands, and forested areas. Subdivisions within established fire service areas or fire districts shall comply with the Uniform Fire Code and local fire codes. Measures must also include:
(1) Interior and exterior roads that provide two entrances/exits to assure more than one escape route for residents and access routes by emergency vehicles and fire suppression equipment. Fire suppression equipment includes, but is not limited to, wildland fire engines, structural fire engines, water tenders, heavy equipment, and trucks used for hauling heavy equipment;
(2) Roads, bridges, culverts, and streets which are designed to allow access by fire equipment;
(3) The placement of residences and other structures in such a manner as to minimize the potential for flame spread and to permit efficient access for fire fighting equipment;
(4) Provisions for defensible space around structures and fire protection facilities (see “Fire Protection Guidelines For Wildland Residential Interface Development, Montana Departments of Natural Resources and Conservation/Justice”);
(5) The presence of adequate fire fighting facilities on site, including an adequate water supply and water distribution system to fight fires on site. A water supply of sufficient volume for effective fire control must be provided in accordance with standards set by the appropriate local fire protection authority. In absence of such standards, a water supply of sufficient volume for effective fire control must, at a minimum, provide as follows:
(a) A central water system with a minimum flow of 1,000 gallons per minute; or
(b) Where no central water system exists, cisterns, reservoirs, or fill ponds with dry hydrants must be provided at appropriate locations:
1. For single family dwellings: minimum capacity of 2,500 gallons per dwelling;
2. For five or more dwellings per unit: minimum capacity of 500 gallons per dwelling;
3. Water storage facilities must be all-season and accessible by fire equipment. On level ground, fire engines must be able to get within ten feet of the water source; turn-arounds in all weather roads must be provided for continuous forward movement of fire engines; and
4. Dry hydrants must be a minimum of six-inch diameter with appropriate attachment fixtures for fire engines, portable pumps, and other pumping apparatus. Enclosed cisterns must be properly vented.
(6) The availability, through a fire protection district, fire service area, or other means of fire protection services adequate to respond to fires that may occur within a subdivision;
(7) Alternative backup power source for water sources that are dependent on electric power for pumping;
(8) Domestic water wells with a minimum capacity of ten gallons per minute when used in a fire suppression plan. Water hydrants must be located near each structure; and
(9) Subdivisions located outside established fire service areas are considered high fire hazard areas and must comply with the Uniform Fire Code and division (V) below of these regulations.
(V) Special standards for subdivisions proposed in high fire hazard areas. High fire hazard areas include heads of draws, excessive slopes, dense fuel growth, or other hazardous components. Areas not under the protection of a fire district or a fire service area are considered high fire hazard areas. For subdivisions proposed in areas subject to high wildfire hazard as determined by the Commission, the local fire protection authority, U.S. Forest Service, or the Forestry Division of the State Department of Natural Resources and Conservation, the following standards apply (also see the Uniform Fire Code and the “Fire Protection Guidelines For Wildland Residential Interface Development, Montana Departments of Natural Resources and Conservation/Justice”):
(1) At least two entrance-exit roads must be provided to assure more than one escape route for residents and access routes for fire fighting vehicles;
(2) Road rights-of-way must be maintained free of slash, trees, tall grass or weeds, and other fire fuels;
(3) Roads, bridges, culverts, and streets must be designed to allow access by fire equipment;
(4) Building sites must be prohibited on slopes greater than 25% and at the apex of “fire chimneys” (topographic features, usually drainage ways or swales, which tend to funnel or otherwise concentrate fire toward the top of steep slopes);
(5) Densities in areas of steep slopes or dense forest growth must be reduced through minimum lot standards as follows:
Minimum Lot Size (acres)
| ||
Slope Percentage
|
Open Grass
|
Forest and Brush
|
0-10 | 1 | 2 |
10-20 | 2 | 3 |
20-25 | 3 | 4 |
over 25 | 5 | not permitted |
(6) Open space, park land, and recreation areas (including green belts, riding, or hiking trails) should be located, where appropriate, to separate residences and other buildings from densely forested areas;
(7) A water supply of sufficient volume for effective fire control must be provided in accordance with standards set by the appropriate local fire protection authority. In the absence of such standards, a water supply of sufficient volume for effective fire control must, at a minimum, provide as follows:
(a) A central water system with a minimum flow of 1,000 gallons per minute; or
(b) Where no central water system exists, cisterns, reservoirs, or fill ponds with dry hydrants must be provided at appropriate locations:
1. For single-family dwellings: minimum capacity of 3,500 gallons per dwelling;
2. For five or more dwellings per unit: minimum capacity of 700 gallons per dwelling;
3. Water storage facilities must be all-season and accessible by fire equipment. On level ground, fire engines must be able to get within ten feet of the water source; turn-arounds in all weather roads must be provided for continuous forward movement of fire engines at all draft sites; and
4. Dry hydrants must be a minimum of six-inch diameter with appropriate attachment fixtures for fire engines, portable pumps, and other pumping apparatus. Enclosed cisterns must be properly vented.
(8) Water sources that are dependent on electric power for pumping must have an alternative backup source of power;
(9) Domestic water wells must have a minimum capacity of ten gallons per minute when used in a fire suppression plan. Water hydrants must be located near each structure; and
(10) Defensible space shall be provided around structures and fire protection facilities (see “Fire Protection Guidelines For Wildland Residential Interface Development”).
(W) Restrictive covenants. Restrictive covenants are required in a subdivision to ensure that the subdivision remains attractive to all lot owners, and that the subdivision does not become a burden to surrounding property owners. Enforcement of restrictive covenants is the responsibility of the homeowners association, but may also include the Town Council, if specifically provided as a condition of approval. Violation of restrictive covenants is considered a violation of the State Subdivision and Platting Act, being MCA Title 76 Chapter 3, under which the subdivision was approved. Restrictive covenants must include an enforcement/penalty clause.
(1) For residential subdivisions, restrictive covenants must include prohibitions against:
(a) At large dogs or other animals;
(b) Noxious weeds; and
(c) Infringement on established water rights (if located on a stream).
(2) For residential subdivisions, restrictive covenants may include prohibitions against:
(a) Junk vehicles;
(b) Domestic farm or pleasure animals;
(c) Exotic animals;
(d) Housing without permanent foundations, unless the subdivision is specifically for mobile homes;
(e) Activities that produce sights, sounds, and odors that may be offensive to neighbors;
(f) Activities that may harm the natural environment, including ground cover, trees, soils, and water;
(g) Further reductions in lot sizes; and
(h) Overhead utilities.
(3) Restrictive covenants may be used to encourage a desired atmosphere. Such covenants may include:
(a) Landscaping requirements;
(b) Lot maintenance standards;
(c) Screening of unsightly storage areas; and
(d) Design and construction standards for the primary structure and any supplementary structures.
(X) Noxious weeds. A weed control plan shall be developed and implemented for every new subdivision. An agreement with the County Weed Control Board shall be signed and notarized by the subdivider, and the agreement must be recorded with the final plat.
(Prior Code, § 11-4-28)