12-1-2: AUTHORITY AND PURPOSE:
   A.   Authorization for these regulations is contained in the Montana subdivision and platting act ("MSPA") 1 .
   B.   The purposes of this chapter and these regulations are to promote the public health, safety, and general welfare by regulating the subdivision of land; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public requirements; to require development in harmony with the natural environment; to promote preservation of open space; to promote approaches that minimize costs to local citizens and that promote effective and efficient provision of public services; to protect the rights of property owners; and to require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey.
These regulations are intended to comply with the MSPA, and are intended to promote:
      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 proper physical and legal access, including obtaining necessary easements.
      6.   The provision of adequate open spaces for travel, light, air, and recreation.
      7.   The provision of adequate transportation, water, drainage, and sanitary facilities.
      8.   The avoidance or minimizing of congestion.
      9.   The avoidance of unnecessary degradation of the natural environment.
      10.   The preservation of natural topographic features and important vegetation.
      11.   The avoidance of danger or injury by reason of natural hazard or the lack of water, drainage, access, transportation, or other public improvements.
      12.   The avoidance of excessive expenditure of public funds for the supply of public improvements and services.
      13.   The development of high quality neighborhoods providing housing options for persons in all income levels.
      14.   The maintenance of high levels of water quality in the lakes, rivers, streams and wetlands within the jurisdictional area.
      15.   The provision of connectivity between neighborhoods, parks and services through roads, trails and sidewalks.
      16.   The avoidance of unnecessary or wasteful excavation or filling of land.
      17.   The manner and form of making and filing of any plat for subdivided lands.
      18.   The administration of these regulations by defining the powers and duties of approving authorities, including procedures for the review and approval of all plats of subdivisions covered by these provisions. (Ord. 09-23, 11-16-2009)

 

Notes

1
1. MCA title 76, chapter 3.