A. Preliminary Plat Subdivision Application Form: The subdivider shall submit a completed subdivision application form that is signed by the landowner(s) of record.
B. Preliminary Plat Review Fee: The subdivider shall submit the required review fee as identified in the preapplication meeting and in section 12-13-1 of this title.
C. Preliminary Plat Form, Contents, And Supplements: The subdivider shall submit an eighteen inch by twenty four inch (18" x 24") (or 24 inch by 36 inch) preliminary plat completed by a land surveyor.
The following information must be provided on the preliminary plat or in supplements to the preliminary plat:
1. The subdivision or development name (the title must contain the words "plat" and/or "subdivision");
2. The legal description, including section, township, and range, and any underlying survey data;
3. A north arrow;
4. The scale used on the plat;
5. The certification of a professional land surveyor;
6. The certification of a professional engineer (if the preliminary plat application or data includes engineering plans or specifications);
7. The names of all owners of record and the subdivider (if different from the owner(s));
8. The date the preliminary plat is completed;
9. Proposed lot layout with approximate dimensions and sizes;
10. Lots and blocks identified by number or letter;
11. The use of each lot, if other than for single-family residential;
12. The exterior boundaries of the parcel proposed for subdivision with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or body of water, the bearings and distances of a closing meander traverse shall be given;
13. All existing streets, roads, highways, avenues, alleys, and/or access easements within or adjacent to the subject property;
14. All proposed streets, roads, alleys, avenues, and easements; the width of the easement or rights of way, grades, curvature of each;
15. Existing and proposed road and street names;
16. Proposed location of intersections for any subdivision requiring access to state or local streets, roads, avenues, alleys, or highways;
17. The names of adjoining platted subdivisions and recording information from adjoining subdivisions, certificates of survey, or unplatted lands;
18. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary;
19. Approximate area, location, boundaries, and dimensions of all parks, common grounds, and other grounds dedicated for public use;
20. The total gross area of the subdivision and the total net area, exclusive of public areas and rights of way;
21. Existing and proposed infrastructure and proposed utilities including:
a. The approximate location, size, and depth of existing and proposed sanitary and storm sewers;
b. The approximate location, size, and depth of existing and proposed water mains, lines, wells, and facilities; and
c. The approximate locations of gas lines, fire hydrants or firefighting water storage facilities, electric and telephone lines, and streetlights.
D. Vicinity Sketch: A vicinity sketch showing:
1. The approximate locations of all existing buildings, structures, and other improvements;
2. Ownership of lands immediately adjoining a subdivision, and existing buildings, structures and other improvements on those lands; and
3. Any existing or proposed zoning of the tract and adjacent lands, if applicable.
E. Topographic Map:
1. For any land area which will be subdivided or disturbed, contour intervals of two feet (2') where the average slope is less than ten percent (10%); intervals of five feet (5') where the average slope is greater than ten percent (10%) and less than fifteen percent (15%); and intervals of ten feet (10') where the average slope is fifteen percent (15%) or greater.
2. Slopes greater than 25 percent shall be shown as no-build zones.
F. Grading And Drainage Plan: A grading and drainage plan that includes:
1. Proposed grades of all streets and roads;
2. Proposed drainage facilities for all lots, blocks, and other areas displaying accurate dimensions, courses, and elevations;
3. Existing and proposed contours, using the contour requirements of a topography map;
4. Graded slopes;
5. Calculations for a 10-year frequency 1-hour storm and a method to mitigate adverse impacts for a 100-year frequency 1-hour storm; and
6. Construction procedures, slope protection, or information describing the ultimate destinations of storm runoff used to minimize erosion; and
7. Slope stability report shall be completed if the proposed subdivision includes areas with the potential for landsliding or slope instability. The report must be completed by a qualified soil or geotechnical engineer and indicate the locations, character, and extent of all areas of all slope stability, and these areas shall be shown on the plat.
G. Improvements Plans: Engineering plans for all public and private improvements.
H. Development Plan: Overall development plan and if the improvements are to be completed in phases, the approximate area of each phase shall be shown on the plat.
I. Abstract Of Title: Abstract of title (or title report) dated not more than ninety (90) days prior to the date of submittal.
J. Lien Holder's Acknowledgment: Lien holders' acknowledgment of subdivision for each lien holder identified on the abstract of title or title report.
K. Access Documentation: Documentation of legal and physical access.
L. Existing Easements: Documentation of existing easements, including those for agricultural water user facilities.
M. Covenants; Deed Restrictions: Existing covenants and deed restrictions.
N. Water Rights: Existing water rights.
O. Adjoining Property Owners: Names and addresses of all adjoining property owners.
P. Road Plan: A proposed road plan and profile that includes:
1. Street names;
2. Right of way or easement widths;
3. Pavement widths;
4. Street grades;
5. Pavement and base thickness;
6. Typical cross sections for each type of road;
7. Road profiles and cross sections for all proposed streets and roads which have grades exceeding five percent (5%), or cuts and fills exceeding three feet (3');
8. The type and location of sidewalks and curbs (where required);
9. The minimum sight distances at corners;
10. The minimum curb radii at corners;
11. For cul-de-sac streets:
a. Widths of turnaround radii;
b. Minimum right of way widths at the turnarounds;
c. Minimum pavement or road surface width at the turnarounds;
d. Total lengths of the streets;
12. The locations and characteristics of bridges and culverts;
13. The locations and dimensions of adjoining lots and open spaces;
14. The locations and widths of easements and dedicated land, which provide a buffer between the subdivision lots and streets;
15. Typical grading and location of intersections with private driveways; and
16. Description of how the roads will be maintained.
Q. Encroachment Permits: Encroachment permits from Montana department of transportation or the local jurisdiction.
R. Proposed Easements: Proposed easements.
S. Proposed Water Rights: Proposed disposition of water rights, as required by section 12-8-16 of this title.
T. Park Land Dedication Calculations: Park land dedication calculations, including a property valuation assessment or appraisal if cash in lieu of park land is proposed.
U. Environmental Assessment: Environmental assessment and/or summary of probable impacts including:
1. Proof that the subdivider has submitted for review copies of the subdivision application and environmental assessment, if applicable, to the public utilities and agencies of the local, state, and federal government identified during the preapplication meeting or subsequently identified as having an interest in the proposed subdivision; and
2. An explanation of how the subdivider has responded to the comments of the subdivision administrator at the preapplication meeting.
V. Transportation Plan: Transportation impact analysis or transportation plan.
W. Fire Prevention Plan: Fire risk rating analysis and fire prevention plan as required in section 12-8-19 of this title.
X. Weed Management Plan: Weed management plan and revegetation plan.
Y. Property Owners' Association Documents: Property owners' association documents shall accompany the preliminary plat, and at a minimum shall provide the information, form, and contents included in section 12-4-3 of this title.
Z. Floodplain Map: FIRM or FEMA panel map and/or letter identifying floodplain status and other hydrologic characteristics including surface water bodies, designated floodplain and areas of riparian resource, as required in section 12-8-5 of this title and subsection GG of this section.
AA. Water And Sanitation Information: Required water and sanitation information, including:
1. Attachments: Provide the following attachments to the preliminary plat:
a. A vicinity map or plan that shows:
(1) The location, within one hundred feet (100') outside of the exterior of the property line of the subdivision and on the proposed lots, of:
(A) Floodplains;
(B) Surface water features;
(C) Springs;
(D) Irrigation ditches;
(E) Existing, previously approved, and for parcels less than twenty (20) acres, proposed water wells and wastewater treatment systems;
(F) For parcels less than twenty (20) acres, mixing zones identified as provided in subsection AA3a(3)(A) of this section;
(G) The representative drainfield site used for the soil profile description as required under subsection AA3a(1) of this section; and
(2) The location, within five hundred feet (500') outside of the exterior property line of the subdivision, of public water and sewer facilities.
b. A description of the proposed subdivision's water supply systems, stormwater systems, solid waste disposal systems, and wastewater treatment systems, as provided below, including whether the water supply and wastewater treatment systems are individual, shared, multiple user, or public as those systems are defined in rules published by the DEQ;
c. A drawing of the conceptual lot layout at a scale no smaller than one inch equal to two hundred feet (1" = 200') that shows all information required for a lot layout document in rules adopted by DEQ pursuant to Montana Code Annotated section 76-4-104.
2. Water Supply:
a. High ground water report indicating there is not a problem with high ground water present on the property proposed for subdivision. When evidence of high ground water is present, the developer must submit plans that are prepared by a professional engineer to mitigate the problem;
b. A vicinity map or plan that shows:
(1) The location, within one hundred feet (100') outside of the exterior property line of the subdivision and on the proposed lots of:
(A) Floodplains;
(B) Surface water features;
(C) Springs;
(D) Irrigation ditches;
(E) Existing, previously approved, and, for parcels less than twenty (20) acres, proposed water wells and wastewater treatment systems;
(F) For parcels less than twenty (20) acres, mixing zones identified as provided in subsection AA3a(3)(A) of this section.
(2) The location, within five hundred feet (500') outside the exterior property line of the subdivision, of public water and sewer facilities;
c. A description of the proposed subdivision's water supply systems, stormwater systems, solid waste disposal systems, and wastewater treatment systems, including whether the water supply and wastewater treatment systems are individual, shared, multiple user, or public as those systems are defined in rules published by the department of environmental quality in the administrative rules of Montana, or Montana Code Annotated section 76-4-101 et seq., including the following information:
(1) If an individual water supply system is proposed for each parcel:
(A) Indicate the distance to the nearest public water system.
(B) Attach a copy of the lot layout showing the proposed location of each spring, well, or cistern and indicating the distance to existing or proposed wastewater treatment systems.
(C) Evidence of sufficient water quality in accordance with rules adopted by the DEQ pursuant to Montana Code Annotated section 76-4-104;
(2) For a multiple user water system:
(A) If an existing system is to be used:
(i) Identify the system and the person, firm, or agency responsible for its operation and maintenance;
(ii) Indicate the system's capacity to handle additional load and its distance from the development;
(iii) Provide evidence that permission to connect to the system has been granted;
(B) Provide the following attachments:
(i) Map or plat showing location, sizes, and depth of any existing water supply lines and facilities which may directly serve parcels within the proposed development;
(ii) Provide plans and specifications for all proposed extensions and additional lines and facilities as required by ARM 17.38.305 and circular DEQ 3;
(C) Evidence of sufficient water quality in accordance with rules adopted by the DEQ pursuant to Montana Code Annotated section 76-4-104;
d. Where a new system is proposed:
(1) Provide evidence of adequate water availability, unless cisterns are proposed:
(A) Obtained from well logs or testing of on site or nearby wells;
(B) Obtained from information contained in published hydrogeological reports; or
(C) As otherwise specified by rules adopted by the DEQ pursuant to Montana Code Annotated section 76-4-104;
(i) Indicate who will install the system, who will bear the costs, when it will be completed, and who will own it;
(ii) Provide all information required in ARM 17.36.330–336 and circular DEQ-3;
(iii) Evidence of sufficient water quality in accordance with rules adopted by the DEQ pursuant to 76-4-104;
(2) For a public water system:
(A) If an existing system is to be used:
(i) Identify the system and the person, firm, or agency responsible for its operation and maintenance;
(ii) Indicate the system's capacity to handle additional load and its distance from the development;
(iii) Provide evidence that permission to connect has been granted;
(iv) Provide the following as attachments:
(a) A map or plat showing the location, sizes, and depth of any existing water lines and facilities which will directly serve parcels within the proposed development;
(b) Plans and specifications for all proposed extensions and additional lines and facilities as required by ARM 17.36.328–330 and circular DEQ-1 or circular DEQ-3;
(c) Evidence of sufficient water quality in accordance with rule adopted by the DEQ pursuant to Montana Code Annotated section 76-4-104;
(B) If a new system is proposed:
(i) Provide evidence of adequate water availability:
(a) Obtained from well logs or testing of on site or nearby wells;
(b) Obtained from information contained in published hydrogeological reports; or
(c) As otherwise specified by rules adopted by the DEQ pursuant to Montana Code Annotated section 76-4-104;
(ii) Indicate who will install the system, who will bear the costs, when it will be completed, and who will own it;
(iii) Provide plans and specifications for all proposed extensions and additional lines and facilities as required by ARM 17.36.328–330 and circular DEQ-1 or circular DEQ-3;
(iv) Evidence of sufficient water quality in accordance with rules adopted by the DEQ pursuant to Montana Code Annotated section 76-4-104;
3. Wastewater Treatment System:
a. For new on site wastewater treatment systems, evidence of suitability that at a minimum includes:
(1) A soil profile description from a representative drainfield site identified on the vicinity map, as provided in subsection AA1a(1)(G) of this section, that complies with the standards published by DEQ;
(2) Demonstration that the soil profile contains a minimum of four feet (4') of vertical separation distance between the bottom of the permeable surface of the proposed wastewater treatment system and a limiting layer; and
(3) In cases in which the soil profile or other information indicates that ground water is within seven feet (7') of the natural ground surface, evidence that the ground water will not exceed the minimum vertical separation distance provided in subsection AA3a(2) of this section.
(A) For all new wastewater treatment systems a preliminary analysis of potential impacts to ground water quality using as guidance rules adopted by the board of environmental review pursuant to Montana Code Annotated sections 75-5-301 and 75-5-303 related to standard mixing zones for ground water, source specific mixing zones, and nonsignificant changes in water quality. The preliminary analysis may be based on currently available information and must consider the effects of overlapping mixing zones from proposed and existing wastewater treatment systems within and directly adjacent to the subdivision. Instead of performing the preliminary analysis required under this subsection the subdivider may perform a complete nondegradation analysis in the same manner as is required for an application that is reviewed under Montana Code Annotated title 76, chapter 4.
b. If individual wastewater treatment systems are proposed for each parcel:
(1) Indicate the distance to the nearest public wastewater treatment system.
(2) Provide all information required in ARM 17.36.320–345 and in circular DEQ-4 for conventional systems or circular DEQ 5 for alternative systems.
(3) Evidence of suitability as provided in subsection AA3a(1) of this section.
(4) Preliminary analysis of potential impact to ground water as provided in subsection AA3a(2) of this section.
c. For a multiple user wastewater treatment system:
(1) If an existing system is to be used:
(A) Identify the system and the person, firm, or agency responsible for its operation and maintenance;
(B) Indicate the system's capacity to handle additional load and its distance from the development;
(C) Provide evidence that permission to connect to the system has been granted;
(D) Provide the following attachments:
(i) A map or plat showing the location, sizes, and depth of any existing sewer lines and facilities which will directly serve parcels within the proposed development; and
(ii) Plans and specifications for all proposed extensions and additional lines and facilities as required by ARM 17.36.320–345 and circular DEQ-4 or circular DEQ-5.
(2) If a new system is proposed:
(A) Indicate who will install the system, who will bear the costs, when it will be completed, and who will own it.
(B) Provide all information required in ARM 17.36.320–326 and circular DEQ-4 or circular DEQ-5.
(C) Evidence of suitability as provided in subsection AA3a(1) of this section.
(D) Preliminary analysis of potential impact to ground water as provided in subsection AA3a(2) of this section.
d. For a public wastewater treatment system:
(1) If an existing system is to be used:
(A) Identify the system and the person, firm, or agency responsible for its operation and maintenance;
(B) Indicate the system's capacity to handle additional load and its distance from the development;
(C) Provide evidence that permission to connect to the system has been granted;
(D) Provide the following attachments:
(i) A map or plat showing the location, sizes, and depth of any existing sewer lines and facilities which will directly serve parcels within the proposed development;
(ii) Plans and specifications for all proposed extensions and additional lines and facilities as required by ARM 17.36.328 and circular DEQ-2 or circular DEQ-4.
4. Stormwater:
a. Describe measures for the collection and disposal of storm runoff from streets and roads within the subdivision.
b. Indicate the type of road surface proposed.
c. Describe facilities for stream or drainage crossing (e.g., culverts, bridges).
d. Describe how surface runoff will be drained or channeled from parcels.
e. Indicate whether storm runoff will enter state waters and describe any proposed treatment measures. (A storm water discharge permit may be required.)
f. Describe any existing or proposed stream bank or shoreline alteration, and any proposed construction or modification of lake beds or stream channels. Provide information on location, extent, type, and purpose of alteration.
g. Provide the grading and storm water or drainage plan as required by subsection C of this section.
5. Solid Waste:
a. Describe the proposed method of solid waste collection and disposal.
b. If use of an existing collection system or disposal facility is proposed, indicate the name and location of the facility.
c. If on site disposal of solid waste is proposed, provide the information required in ARM 17.36.309(2).
BB. Subdivision Improvements Agreement: A form of subdivision improvements agreement, if proposed;
CC. Agricultural Covenants: Letter requesting a revocation of agricultural covenants;
DD. Cultural Or Historic Resources: Letter indicating locations of cultural or historic resources;
EE. Variances: Variance request or approval;
FF. Rezoning: Rezoning application or approval;
GG. Flood Hazard Evaluation: When required, a flood hazard evaluation which contains the following detailed information (to be submitted to the water resources division, department of natural resources):
1. Certification by a registered professional engineer.
2. An overall scaled plan view with identified scale for vertical and horizontal distance showing the following:
a. Watercourse.
b. Floodplain boundaries.
c. Location of property.
d. Contours.
e. Cross sections.
f. Bridges or other contractions in the floodplains.
g. USGS gauging stations, if any.
3. The location and elevation of a temporary bench mark(s) established within the subdivision and referenced to mean sea level with appropriate elevation adjustment.
4. Cross sectional information which contains the following information:
a. Elevations and stations that are determined at points representing significant breaks in ground slope and at changes in the hydraulic characteristics of the floodplain (i.e., points where ground cover, soil, or rock conditions change). Elevations must be reported in NAVD 88 or NGVD 29 datum.
b. Each cross section must cross the entire floodplain. The cross section alignment should be perpendicular to the general flow of the watercourse (approximately perpendicular to contour lines). Occasionally, wide floodplains require a dog leg alignment to be perpendicular to the anticipated flow lines. Shots should be taken at the water's edge and measurements taken (if elevation shots cannot be taken) to determine the channel bottom shape. Cross sections must be accurately located on a USGS 71/2 minute quad sheet.
c. The number of cross sections needed, and the distance between cross sections, will vary depending on the site, the slope of the watercourse, the slope of the channel, and the hydraulic characteristics of the reach. A minimum of four (4) cross sections are required over the entire reach with at least two (2) cross sections at the property where the elevations are desired. Additional cross sections must be taken at bridges, control structures, or natural constrictions in topography. (Photogrammetric methods may be used in lieu of cross sections whenever appropriate and when reviewed and approved by the county.)
5. A description and sketch of all bridges within the reach, showing unobstructed waterway openings and elevations.
6. Elevation of the water surface is to be determined by survey as part of each valley cross section.
7. Supporting documentation, such as engineering reports of computer computations, calculations, and assumptions that may include:
a. Hydrology (research of published hydrology or calculations showing how hydrology was derived).
b. Input files (hard copy and on diskette).
c. Output files (diskette only).
HH. Potential Hazards Or Adverse Impacts: Letter identifying and proposing mitigation for potential hazards or other adverse impacts as identified in the preapplication meeting and not covered by any of the above required materials; and
II. Additional Information: Such additional relevant and reasonable information as identified by the subdivision administrator during the preapplication meeting that is pertinent to the required elements of this section. (Ord. 784, 8-6-2007)