(A) The purpose of this section is to provide flexibility in applying certain subdivision standards, allowing the subdivider creativity in subdivision design. MCA § 76-3-103(10) defines a PLANNED UNIT DEVELOPMENT (PUD) as 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.
(B) If the Town Council designates a proposed development plan as a PUD, the preliminary plat may then be submitted for review. Submittal must comply with requirements and procedures contained in the following (for major subdivisions).
(1) Applicable sections for final plats; design standards. PUDs must comply with the standards contained in § 154.08. However, the Town Council may modify the design and improvement standards contained in §§ 154.08(G), (H), and (T), upon request of the subdivider when the plan for a PUD includes provisions for efficient traffic circulation, adequate light, air, and open space. In such cases, no application for a variance under § 154.25 of these regulations is necessary.
(2) Streets. The arrangement, type, extent, width, grade, and location of all streets must be considered in their relation to existing and planned streets, to topographical conditions, and to public convenience and safety.
(3) Open space. Each PUD must comply with the requirements of § 154.08 of these regulations. The open space must be:
(a) Owned by a property owners’ association; or
(b) Dedicated to public use, if acceptable, to the Town Council; or
(c) A combination of (B)(3)(a) and (B)(3)(b) above.
(4) Waiving dedication or cash donation. The Town Council may waive dedication or cash donation requirements when the subdivider agrees to create a property owners’ association for the proposed subdivision and deed to the association land to be held in perpetuity for use as parks or playgrounds.
(Prior Code, § 11-14-30)