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12-1-4: PURPOSE:
   A.   As identified in the Act (section 76-3-102, Montana Code Annotated), the purposes of these regulations are:
      1.   To promote the public health, safety, and general welfare by regulating the subdivision of land;
      2.   To prevent the overcrowding of land;
      3.   To lessen congestion in the streets and highways;
      4.   To provide for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public requirements;
      5.   To require development in harmony with the natural environment;
      6.   To promote preservation of open space;
      7.   To promote cluster development approaches that minimize costs to local citizens and that promote effective and efficient provision of public services;
      8.   To protect the rights of property owners;
      9.   To require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey; and
      10.   To provide for phased developments.
   B.   As required by section 76-3-501, Montana Code Annotated, these regulations are intended to reasonably provide for:
      1.   The orderly development of the jurisdictional area;
      2.   The coordination of roads within subdivided land with other roads, both existing and planned;
      3.   The dedication of land for roadways and for public utility easements;
      4.   The improvement of roads;
      5.   The provision of adequate open spaces for travel, light, air, and recreation;
      6.   The provision of adequate transportation, water, and stormwater drainage systems;
      7.   The regulation of sanitary facilities;
      8.   The avoidance or minimization of traffic congestion; and
      9.   The avoidance of subdivisions that would involve unnecessary environmental degradation and danger of injury to health, safety, or welfare by reason of natural hazard, including but not limited to fire and wildland fire, or the lack of water, drainage, access, transportation, or other public services that would necessitate an excessive expenditure of public funds for the supply of the services. (Ord. 591, - -2021)
12-1-5: JURISDICTION:
These regulations govern the subdivision of land within the jurisdictional area of the governing body of the City of Sidney.
These regulations supplement all other regulations applicable to the subdivision of land within the City of Sidney, but are not intended to displace other applicable laws, regulations, ordinances, or resolutions. Insofar as these regulations are more restrictive than any other law, these regulations shall be controlling, and if any other law is more restrictive, the more restrictive shall take precedence over a standard set forth in these regulations. Other laws, regulations or ordinances that may apply include, but are not limited to, zoning regulations, floodplain regulations, building codes, development codes, and fire codes. (Ord. 591, - -2021)
12-1-6: SEVERABILITY:
If any section, subsection, clause, or provision of these regulations is held invalid, the remainder of the regulations shall not be affected by such invalidity. (Ord. 591, - -2021)
12-1-7: AMENDMENT OF THESE REGULATIONS:
Before the governing body amends these regulations, it shall hold a public hearing on the proposed amendment. Notice of the time and place of the public hearing must be published in a newspaper of general circulation in the county not less than fifteen (15) days or more than thirty (30) days before the date of the hearing. (Ord. 591, - -2021)
12-1-8: ENFORCEMENT OF THESE REGULATIONS:
Any person who violates any provision of these regulations shall be guilty of a misdemeanor and punishable by a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) or by imprisonment in a county jail for not more than three (3) months or by both fine and imprisonment. Each sale, lease, or transfer of each separate parcel of land in violation of any provision of these regulations shall be deemed a separate and distinct offense (section 76-3-301, Montana Code Annotated). (Ord. 591, - -2021)
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