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).
(1) LEGAL ACCESS. Each lot in a subdivision either abuts a public (city, county, state or federal) street or road, or the subdivider has obtained or will dedicate 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 within the easement. The easement relied upon for LEGAL ACCESS must be dedicated for public use or for private use specific to the proposed subdivision prior to final plat review.
(2) PHYSICAL ACCESS.
(a) A physical street or road within a legal access easement will provide vehicular access from a public road network to each lot in the subdivision.
(b) LEGAL AND PHYSICAL ACCESS must be provided to each parcel within any proposed subdivision. Preliminary and final plats and any instrument of transfer concerning the parcels are required to include notation of LEGAL AND PHYSICAL ACCESS. No variance is allowed to the requirements that LEGAL AND PHYSICAL ACCESS be provided to each parcel; only variance(s) to the applicable design standards for access may be granted.
ADJOINING LANDOWNER (ADJACENT PROPERTY OWNER). The owner of record of a parcel of land that is contiguous at any point to a tract of interest, or land that is directly across a watercourse or right-of-way from the tract of interest (such as, a property proposed for subdivision).
ADMINISTRATOR. The person or persons authorized by the City Council to perform the duties of review and administration set forth in these regulations.
AGRICULTURAL WATER USER FACILITIES. Any part of an irrigation system historically used to produce an agricultural product on property used for agricultural purposes as defined in MCA § 15-7-202.
AGRICULTURE. Activities related to the production of food, feed and fiber commodities, livestock and poultry, bees, biological control insects, fruits and vegetables, sod, ornamentals, and nursery and horticultural crops that are raised, grown, or produced for commercial purposes on lands taxed as agricultural by the state.
ARM. The Administrative Rules of Montana.
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.
CERTIFICATE OF SURVEY. A drawing of a field survey prepared by a registered 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 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.
CONDOMINIUM. The ownership of single units with common elements located on property submitted to the provisions of the Montana Unit Ownership Act, MCA Title 70, Section 23. The term does not include a townhome or townhouse.
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.
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 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.
DRIVEWAY (INDIVIDUAL). A vehicular access that serves only one lot, being the lot it is located within. INDIVIDUAL DRIVEWAYS are not streets for purposes of these regulations and are not subject to the street design standards, but are subject to the standards for driveways in the city zoning ordinance.
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 Montana Engineers’ and Land Surveyors’ Act (MCA Title 37, Section 67) to practice engineering in the state.
FIRST MINOR SUBDIVISION. A proposed minor subdivision from a tract of record that has not been subdivided or created by a subdivision under the MSPA 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 76-3-207 since July 1, 1973.
FLOOD. The water of any watercourse or drainway that is above the bank or outside the channel and banks of the watercourse or drainway.
FLOOD OF 100-YEAR FREQUENCY. A flood magnitude expected to recur on the average of once every 100 years or a flood magnitude that has a 1% chance of occurring in any given year.
FLOODPLAIN. The area adjoining the watercourse or drainway that would be covered by the floodwater of a flood of 100-year frequency, except for sheet flood areas that receive less than one foot of water per occurrence and are considered “Zone B” or a “shaded X zone” by the Federal Emergency Management Agency.
FLOODWAY. The channel of a watercourse or drainway and those portions of the floodplain adjoining the channel that are reasonably required to carry and discharge the floodwater of any watercourse or drainway.
GOVERNING BODY. The governing authority of a city or town organized pursuant to law. In the jurisdictional area of the city, the City Council is the governing body.
GROWTH POLICY. A comprehensive development plan, master plan or comprehensive plan that was adopted pursuant to MCA Title 76, Section 1 before October 1, 1999, or a policy that was adopted pursuant to MCA Title 76, Section 1 on or after October 1, 1999.
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 (ARM § 24.183.1104). 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.
LOCAL SERVICES. Any and all services or facilities local government is authorized to provide, such as, water supply, sewage disposal, law enforcement, fire protection, emergency services, transportation systems, educational systems and noxious weed control, as well as services that local government does not provide, such as, power, telephone, state highways and the like.
LOT. A parcel, plot or other land area created by subdivision for sale, rent or lease.
(1) CORNER LOT. A lot located at the intersection of two streets.
(2) INTERIOR LOT. A lot other than a corner lot.
(3) THROUGH LOT or DOUBLE FRONTAGE LOT. A lot whose front and rear lines both abut streets (except alleys).
LOT FRONTAGE. The length of the front lot line along the street providing the lot its primary access.
MAJOR SUBDIVISION. A subdivision that creates six or more lots. Also, any subdivision with five or fewer lots that does not meet the definition of a first minor subdivision or a subsequent minor subdivision is reviewed as a MAJOR SUBDIVISION.
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. The latest edition of the document entitled Manual on Uniform Traffic Control Devices for Streets and Highways published by and available from the Federal Highway Administration of the U.S. Department of Transportation.
MATERIAL (AS IN A MATERIAL CHANGE OR AMENDMENT TO AN APPLICATION OR PLAT). A change or amendment that impacts the completeness or sufficiency of subdivision’s preliminary plat application under §§ 11.02.030.010 through 11.02.030.110, has a significant impact on any of the primary review criteria (MCA §76-3-608(3)(a)), brings the proposal out of conformance with the growth policy, zoning or subdivision regulations, or impacts the public’s opportunity to provide meaningful comment. Examples of changes that may be considered material are outlined in § 11.02.050.050.
MINOR SUBDIVISION. A subdivision that creates five or fewer lots. See also FIRST MINOR SUBDIVISION and SUBSEQUENT MINOR SUBDIVISION.
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.
(1) 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.
(2) 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 (OR STAND). The area of a mobile home/manufactured home space which has been prepared for the placement of a mobile/manufactured home.
MOBILE (MANUFACTURED) HOME PARK. A tract of land that provides or will provide spaces for two or more mobile homes and/or manufactured homes.
MOBILE (MANUFACTURED) HOME SPACE. A designated portion of a parcel of land designed for the accommodation of one mobile home or manufactured home and its accessory buildings, parking, yard and other area for the exclusive use of the occupants.
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY MINIMUM STANDARDS. Minimum standards promulgated by the Montana Department of Environmental Quality, pursuant to MCA Title 76, Part 1, Section 4.
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 (ARM § 24.183.1101(1)(a)).
MSPA. Montana Subdivision and Platting Act; MCA Title 76, Section 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.
PHASING PLAN. The design plan showing phases and timing for a subdivision proposed to be subdivided in stages.
PLANNED UNIT DEVELOPMENT (PUD). 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.
PLANNING BOARD. A Planning Board formed pursuant to MCA Title 76, Section 1. In the jurisdictional area of the city, the PLANNING BOARD is the City Planning Board.
PLAT. A graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. The term PLAT includes the following types of PLATS, with definitions:
(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.
(3) PRELIMINARY PLAT.
(a) 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 a City Council, as more specifically set forth in these regulations and the MSPA.
(b) A PRELIMINARY PLAT is the plat that is the basis of the PRELIMINARY PLAT application, so any decision on a PRELIMINARY PLAT application constitutes the decision on the PRELIMINARY PLAT.
(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, 7-14-2617 and 7-14-4114, as applicable.
PRE-APPLICATION SKETCH (OR DRAWING). A legible drawing showing approximate boundaries, dimensions, areas, distances and other pertinent information of a proposed subdivision.
PRELIMINARY PLAT APPLICATION. The subdivider’s submittal consisting of the preliminary plat, the PRELIMINARY PLAT APPLICATION form and supplemental information.
PRIVATE IMPROVEMENTS. 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.
PUBLIC HEALTH AND SAFETY.
(1) The prevailing healthful, sanitary condition of well-being for the community at large.
(2) 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.
(1) 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.
(2) 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 to the public or acquired for public use.
PUBLIC UTILITY. Public utility has the meaning provided in MCA § 69-3-101, except that for the purposes of subdivision regulations, the term includes county or consolidated city and county water or sewer districts as provided for in MCA Title 7, Chapter 13, Parts 22 and 23 and municipal sewer or water systems and municipal water supply systems established by the City Council of a municipality pursuant to MCA Title 7, Chapter 13, Parts 42, 43 and 44.
RECREATIONAL VEHICLE. A vehicle, self-propelled or towed designed as a temporary dwelling for travel, recreation and vacation uses. Towed RECREATIONAL VEHICLES shall not be more than eight feet in body width.
RECREATIONAL VEHICLE PARK (RV PARK). Any area or tract or land rented or held out for rent to one or more persons or users for parking or placement of temporary recreational housing.
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, Section 4.
RIGHT-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, sidewalks, trails, railroad, electric transmission lines, water line, sanitary sewer line, storm sewer line or other similar uses.
STATE. The State of Montana.
STREET. A way for vehicular traffic designated as a street, highway, boulevard, thoroughfare, parkway, throughway, avenue, road or court. The term STREET may be used interchangeably with the term “road.”
STREET TYPES. For purposes of these subdivision regulations, STREET TYPES are defined as follows.
(1) ALLEY. Public or private way dedicated or reserved as a secondary means of access to the rear or side of lots and which is served by other streets at both ends.
(2) ARTERIAL. A street, road or highway 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 should provide only limited access to abutting property.
(a) ARTERIALS in the city are the primary thoroughfares leading in and out of the city and those streets that serve as the primary connections between these thoroughfares.
(b) As of the date of these regulations, arterials include North Main Street, Main Street, Hollenbeck Lane and Milwaukee.
(c) Other ordinances and regulations adopted by the city may assign conflicting definitions, classifications and standards to streets; these definitions are for purposes of subdivision review only.
(d) 1. West Milwaukee Avenue and U.S. Interstate 90.
2. Future ARTERIALS are determined by the City Council based on this definition when considering subdivision layouts.
(3) COLLECTOR.
(a) A street, road or highway having the equally important functions of moving traffic and providing access to adjacent land. COLLECTOR streets link neighborhoods to arterials or other neighborhoods. COLLECTOR streets connect to other streets at each end and do not dead end.
(b) For purposes of these regulations and required design standards, a COLLECTOR may be categorized as high density or low density, depending upon the size of the lots served by the street.
1. High density COLLECTOR streets serve any lot less than 10,000 square feet in size, and because less off- street parking is likely to be provided due to lot size, require area for on-street parking. Low density COLLECTOR streets occur where all lots served by the street are 10,000 square feet or greater in size and where no on-street parking is allowed.
2. Low density COLLECTOR streets shall be signed with approved no parking signs and some design standards are relaxed.
(4) DEAD-END STREET. A street having only one outlet for vehicular traffic.
(5) FRONTAGE ACCESS (STREET). A local street, usually parallel and adjacent to an arterial street, which provides access to abutting properties and controls traffic access to the arterial street.
(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. A street with a primary function of providing access to adjacent land. LOCAL streets may have the secondary function of connecting other streets in the public transportation network.
(a) LOCAL streets may end at a cul-de-sac bulb or other turn-around, subject to design standards.
(b) For purposes of these regulations and required design standards, a LOCAL street may be categorized as high density or low density depending upon the size of the lots served by the street.
1. High density local streets serve any lot less than 10,000 square feet in size, and because less off-street parking is likely to be provided due to lot size, require area for on-street parking. Low density LOCAL streets occur where all lots served by the street are 10,000 square feet or greater in size and where no on-street parking is allowed.
2. Low density LOCAL streets shall be signed with approved no parking signs and some design standards are relaxed.
(8) PRIMARY ACCESS STREETS. Streets comprising the network of streets, roads and highways that provide the required access to a subdivision and the lots within.
(9) SHARED RESIDENTIAL DRIVE.
(a) A street shared by two single-family residences within a common access easement.
(b) Such shared accesses that share an approach for 50 linear feet or less as measured from the edge of the street are considered shared driveways and are not subject required to provide a turn-around area.
SUBDIVIDER.
(1) A person who causes land to be subdivided or who proposes a subdivision of land.
(2) When used in these regulations, 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 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.
SUBDIVISION.
(1) A division of land or land so divided that it 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 the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium.
(2) The term also means an area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or mobile homes will be placed.
SUBDIVISION IMPROVEMENTS AGREEMENT. A contractual agreement that may be required by the City Council to ensure the construction of improvements related to the subdivision as required by these subdivision regulations. The SUBDIVISION IMPROVEMENTS 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.
SUBSEQUENT MINOR SUBDIVISION (OR SECOND OR SUBSEQUENT MINOR SUBDIVISION). A proposed subdivision which is the SECOND OR SUBSEQUENT MINOR SUBDIVISION that does not result in a total of more than five parcels created by subdivision and any combination of exemptions under MCA §§ 76-3-201 or 76-3-207 from a tract of record since July 1, 1973.
SURVEYOR (EXAMINING LAND SURVEYOR). A registered land surveyor duly appointed by the City Council to review surveys and plats submitted for filing.
SURVEYOR (PROFESSIONAL LAND SURVEYOR). A person licensed in conformance with the Montana Engineers’ and Land Surveyors’ Act (MCA Title 37, Section 67) to practice surveying in the state.
TITLE REPORT (ABSTRACT OF TITLE, SUBDIVISION GUARANTEE OR PLATTING REPORT). A report from a title 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. The characteristics of the ground surface, such as plains, hills, mountains, slopes and other physiographic features.
TOWNHOME or TOWNHOUSE. 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.
TOWNHOUSE LOT. An arrangement under which units share a common wall, and individuals own their 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.
TRAFFIC IMPACT STUDY.
(1) A report prepared by a qualified professional that addresses the anticipated impacts of a subdivision on the existing and proposed transportation network based on traffic patterns, infrastructure conditions, and traffic expected to result from build out of the subdivision.
(2) TRAFFIC IMPACT STUDIES must include findings and recommendations using non-technical terminology to help public officials with their decision making on the subdivision and related infrastructure improvements.
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 a proposed subdivision.
WILDLIFE. Animals that are neither human, domesticated, nor feral descendants of commonly domesticated animals.
WILDLIFE HABITAT. The place or type of habitat where wildlife naturally reside or travel through.
(Prior Code, § 11.02.080.010) (Ord. 151, passed 6-20-2016)
Statutory reference:
Certificate of survey, see MCA § 76-3-103(1)
Cluster development, see MCA § 76-3-103(2)
Condominium, see MCA § 70-23-102(5)
Dedication, see MCA § 76-3-103(3)
Division of land, see MCA § 76-3-103(4)
Final plat, see MCA § 76-3-103(6)
First minor subdivision, see MCA § 76-3-609
Flood of 100-year frequency, see MCA § 76-5-103(9)
Flood, see MCA § 76-5-103(8)
Floodplain, see MCA § 76-5-103(10)
Floodway, see MCA § 76-5-103(11)
Governing body, see MCA § 76-3-103(7)
Growth policy, see MCA § 76-1-103(4)
Planned unit development, see MCA § 76-3-103(10)
Plat see, MCA § 76-3-103(11)
Preliminary plat, see MCA § 76-3-103(12)
Public utility, see MCA § 76-3-103(13)
Subdivider, see MCA § 76-3-103(14)
Subdivision, see MCA § 76-3-103(15)
Surveyor, see MCA § 76-3-103(5)
Townhome or townhouse, see MCA § 70-23-102(14)
Tract of record, see MCA § 76-3-103(16)