(A) Definition. A SUBDIVISION created by rent or lease, including a mobile home/manufactured home or recreational vehicle park, is any tract of land divided by renting or leasing portions of it. The land is owned, however, as one parcel under single ownership (which can include a number of persons owning property in common). Plans, not plats, are submitted to the Subdivision Administrator for review. The plan shows spaces, not lots. The plan must comply with applicable zoning.
(B) Subdivisions that will provide multiple spaces for recreational camping vehicles or mobile/manufactured homes.
(1) Recreational camping vehicles. Developments which are subject to subdivision review because they will provide two or more spaces for recreational camping vehicles will be reviewed under division (F) below.
(2) Mobile/manufactured homes. Developments which are subject to subdivision review because they will provide two or more spaces for mobile/manufactured homes will be reviewed under division (E) below.
(3) Subdivisions for lease or rent, generally.
(b) Land subdivisions created by rent or lease are subject to the applicable standards contained in § 154.08.
(C) Procedures for review.
(1) Review and approval. Subdivisions which will provide multiple spaces for recreational camping vehicles or mobile homes, and subdivisions created for rent or lease are exempt from the surveying and filing requirements of the MSPA. However, these subdivisions must be submitted for review and approved by the Town Council before portions of the subdivision may be rented or leased.
(a) Submittal. The subdivider shall submit a completed application in accordance with § 154.05 and a plan of the proposed development, conforming to the requirements for preliminary plats.
(b) Review. The procedure used to review subdivisions for rent or lease will depend on the number of spaces within the proposed subdivision. Proposed subdivisions containing six or more spaces must be reviewed pursuant to § 154.45 of these regulations. Proposed subdivisions containing five or fewer spaces must be reviewed pursuant to § 154.46 of these regulations. The subdivider shall submit to the Subdivision Administrator the preliminary plans, profiles, tentative grades, and specifications for proposed improvements. The plan must show the space layout and the proposed location of the mobile home, recreational vehicle, or other unit on the land included in the plan.
(2) Improvements. The subdivider shall install all required improvements before renting or leasing any portion of the subdivision. The Town Council or its agents will inspect all required improvements in order to assure conformance with the approved construction plans and specifications.
(3) Final plan review. In lieu of filing a final plat, the subdivider shall submit a final plan to the Subdivision Administrator complying with the requirements of § 154.05. The final plan will be reviewed to assure that it conforms to the approved preliminary plan. The approved plan shall be maintained in the office of the Town Clerk, planning or other.
(4) DPHHS license. If a subdivision that will provide multiple spaces for recreational camping vehicles or mobile homes is also a “trailer court”, “work camp”, “youth camp”, or “campground” as those terms are defined in MCA § 50-52-102, the Town Council will not grant final approval of the subdivision until the subdivider obtains a license for the facility from the Montana Department of Public Health and Human Services under MCA Title 50, Chapter 52.
(D) Design standards for subdivision spaces created by rent or lease.
(1) Design standards subdivisions created by rent or lease must comply with the provisions of § 154.08.
(2) Additional provisions that the Town Council may require provision for:
(a) Storage facilities on the lot or in compounds located within a reasonable distance;
(b) A central area for storage or parking of boats, trailers, or other recreational vehicles;
(c) Landscaping or fencing to serve as a buffer between the development and adjacent properties;
(d) An off-street area for mail delivery; and
(e) Street lighting.
(E) Mobile/manufactured home park standards.
(1) Mobile/manufactured home spaces.
(a) Mobile/manufactured home spaces must be arranged to permit the safe and practical placement and removal of mobile homes.
(b) All mobile/manufactured homes must be located at least 25 feet from any property boundary line abutting upon a public street or highway right-of-way, and at least 15 feet from other boundary lines of the park.
(c) The mobile/manufactured home pad must be located at least ten feet from the street that serves it.
(d) The size of the mobile/manufactured home pad must be suitable for the general market to be served, and must fit the dimensions of mobile/manufactured homes anticipated.
(e) A mobile/manufactured home pad may not occupy more than one-third of the area of its space. The total area occupied by a mobile home and its roofed accessory buildings and structures may not exceed two-thirds of the area of a space.
(f) The Town Council may require that the mobile/manufactured home pad be improved to provide adequate support for the placement and tie-down of the mobile home.
(g) No mobile/manufactured home or its attached structures, such as awnings and carports, may be located within 20 feet of any other mobile home or its attached structures.
(h) No detached structure, such as a storage shed, may be located within five feet of any mobile/manufactured home or its attached structures.
(i) A minimum of two off-street parking spaces must be provided on or adjacent to each mobile/manufactured home space. The driveway must be located to allow for convenient access to the mobile/manufactured home, and be a minimum of ten feet wide.
(j) One guest parking space must be provided for each ten mobile/manufactured home spaces. Group parking may be provided.
(k) The limits of each mobile/manufactured home space must be clearly marked on the ground by permanent flush stakes, markers or other suitable means. Location of space limits on the ground must be approximately the same as those shown on the approved plans. Precise engineering of space limits is not required either on the plans or on the ground.
(l) Each mobile/manufactured home must be skirted within 30 days after it is moved to a space within the mobile/manufactured home park. The skirting must be of a fire-resistant material similar to that of the mobile/manufactured home exterior.
(2) Streets. Streets within a mobile/manufactured home park must meet the standards specified in § 154.08(I)(J). Streets must be designed to allow safe placement and removal of mobile homes.
(a) Streets must be designed to provide safe access to public roads.
(b) Roads within the mobile/manufactured home park must be designed to provide safe traffic circulation and parking.
(c) One-way roads must be at least 15 feet wide; two-way roads must be at least 24 feet wide.
(3) Electrical systems. Electrical systems must be designed and installed in accordance with the applicable codes adopted by the authority having jurisdiction. Where the state or other political subdivision does not assume jurisdiction, such installations must be designed and constructed in accordance with the applicable state electrical standards.
(4) Gas systems.
(a) Gas equipment and installations must be designed and constructed in accordance with the applicable codes adopted by the authority having jurisdiction. Where the state or other political subdivision does not assume jurisdiction, such installation must be designed and constructed in accordance with the applicable provisions of the “National Fuel Gas Code” (NFPA Pamphlet 54-1981) and the “Standard for the Storage and Handling of Liquefied Petroleum Gases” (NFPA Pamphlet 58-1981).
(b) A readily accessible and identified shutoff valve controlling the flow of gas to the entire gas piping system must be installed near to the point of connection of the liquefied petroleum gas container.
(c) Each mobile/manufactured home lot must have an accessible, listed gas shutoff installed. This valve must not be located under a mobile home. Whenever the mobile home lot gas outlet is not in use, the shutoff valve must be plugged to prevent accidental discharge.
(F) Recreational vehicle park standards.
(1) Recreational vehicle spaces.
(a) Spaces in recreational vehicle parks must be arranged to allow for the safe movement of traffic and access to spaces.
(b) Roads within recreational vehicle parks must be designed to provide safe traffic circulation and parking.
(c) Recreational vehicles must be separated from each other and from other structures by at least 15 feet. Any accessory structures, such as attached awnings, must, for purposes of this separation requirement, be considered part of the recreational vehicle.
(d) No recreational vehicle space may be located less than 25 feet from any public street or highway right-of-way.
(2) Density. The density of a recreational vehicle park must not exceed 25 recreational vehicle spaces per acre of gross site area.
(Prior Code, § 11-4-29)