City of Belgrade Subdivision Regulations

[ CLOSE WINDOW ]   [ PRINT WINDOW  

[ back to index listing ]   

SECTION 6: DESIGN AND IMPROVEMENT STANDARDS, GENERAL

  1. General Standards
  2. Lots
  3. Blocks
  4. Easements
  5. Fire Protection Requirements
  6. Grading and Drainage
  7. Park Requirements
  8. Sanitary Sewers
  9. Utilities
  10. Water Supply System
  11. Mail Delivery
  12. Noxious Weeds

  1. General Standards.

    1. Conformance: The design and development of a subdivision shall conform with adopted comprehensive plans, zoning ordinances and other resolutions and regulations.

    2. Natural Environment: The design and development of the subdivision shall, insofar as it is possible, preserve or enhance the natural terrain, natural drainage, existing topsoil, trees, and natural vegetation.

    3. Lands Unsuitable for Subdivision: Land which the Council has found to be unsuitable for subdivision because of potential hazards such as flooding, land slides, excessive slope, rock falls, snow avalanches, subsidence, high water table, polluted or non-potable water; or because of unreasonable burdens on the general public such as requirements for the excessive expenditure of public funds, environmental degradation, and congestion in the roads shall not be subdivided for building or residential purposes unless the hazards or excessive public burdens are eliminated or will be overcome by appropriate design and construction plans.

    4. Re-vegetation: All areas disturbed during construction shall be reseeded with vegetation types approved by the Weed Control Supervisor.

    5. Watercourse Mitigation: Where a subdivision is crossed by or adjacent to a watercourse, the subdivider shall mitigate the impacts of the subdivision on the watercourse. This mitigation may not be less restrictive than the requirements of any applicable floodplain regulations or applicable zoning regulations.

      1. Setback: The subdivider shall provide the following setbacks, which parallel the ordinary high water mark of the watercourse. A one hundred foot (100’) setback shall be provided between the ordinary high water mark and any residential or commercial structure.

      2. Watercourse mitigation plan: The subdivider shall submit a plan, and propose measures to mitigate the impacts of the subdivision on the watercourse. The plan shall evaluate the potential effects of the proposed subdivision on the watercourse; to include consideration of wildlife and fish habitat, water quality, vegetation, and watercourse health. The mitigation measures might include: setbacks, building envelopes, landscaping, type and/or location of septic systems, streambank stabilization, etc.
  2. Lots. See Figure 1.

    1. Dimensions and Orientation: Lot size, width, shape, and orientation shall be appropriate for the location and contemplated use of the subdivision. Lot designs with irregular shapes, narrow necks, points and flag shapes shall be permitted only when the subdivider can demonstrate that the proposed lot designs are necessary due to topography or other physical constraints. Each lot shall contain a satisfactory building site and shall conform to zoning codes and comprehensive plans where officially adopted, and to the regulations of MDEQ. Slopes in excess of 25 percent (25%) shall be presumed unsuitable for building sites unless otherwise proved by the subdivider.

    2. Division by Rights-of-Way: No single lot shall be divided by a dedicated right-of-way or easement, which would reduce the buildable area to a size less than required by these and other adopted regulations.

    3. Double Frontage: Double frontage lots shall be avoided except where essential:

      1. To provide separation of residential development from arterial roads.
      2. To provide access to development adjacent to limited access roads.
      3. To overcome topography or other physical conditions.
      4. To overcome specific disadvantages of existing design and orientation.

    4. Corner Lots: Corner lots shall have sufficient width to permit appropriate building setback from both roads and provide acceptable visibility for traffic safety.

    5. Width: Lots shall have a width sufficient to allow normal construction without the construction encroaching on property lines.

    6. Depth: No lot shall have an average depth greater than three times its average width.

    7. Side Lot Lines: Side lot lines shall be, whenever practical, at right angles or radial to road lines.

    8. Frontage on Public Roads: Each lot shall have a minimum of thirty feet (30’) of frontage on a public road or on a public road easement to provide enough room for snow removal along the lot access (driveway) and utility easements.



    S

  3. Blocks. See Figure 1.

    1. Size and Orientation: Blocks shall be designed to assure traffic safety and ease of traffic control and circulation, to accommodate the special needs of the use contemplated, and to take advantage of the limitations and opportunities of the topography.

    2. Block Length: Block length shall not be designed, unless otherwise impractical, to be more than one thousand two hundred feet (1,300’) or less than four hundred feet (350’) in length.

    3. Block Width: Blocks shall be wide enough to allow for two tiers of lots except where essential to provide separation of residential development from a traffic arterial or to overcome specific disadvantages of topography and orientation.

    4. Rights-Of-Way for Pedestrians: Rights-of-way for pedestrian walks, not less than ten feet (10’) wide, shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

  4. Easements.

    1. Required Easements: Where determined to be necessary, the Council shall require that easements be provided as for utilities, drainage, vehicular or pedestrian access, and planting screens. All easements shall be shown on the plat.

    2. Utility Easements: Utility easements shall meet the following standards:

      1. Utility easements shall be centered along side and rear lot lines wherever possible, and, if placed in the road, be located between the roadway and the right-of-way line, or in a location requested by and agreed upon in writing by all of the appropriate utilities.

      2. Utility easements shall be twenty feet (20’) wide; except the Council may require easements for sanitary sewer, storm sewer, and water lines to be thirty feet (30’) wide.

      3. Where a utility is to be located in an existing, dedicated right-of-way, an encroachment permit must be obtained from the local or state road department having jurisdiction.

      4. The following statement shall appear on the final plat:
        The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities, in, over, under and across each area designated on this plat as “Utility Easement” to have and to hold forever.

    3. Drainage and Irrigation Maintenance Easements: Where a subdivision is traversed by a watercourse, drainage way, channel, ditch, or stream, easements or rights-of-way may be required to parallel the lines of such watercourse at a sufficient width to allow for maintenance. Irrigation canals/ditches shall require a minimum width of such easement to be twenty feet (20’); fifteen feet (15’) on one side and five feet (5’) on the other side of the watercourse, or the width required by the owner of the waterway for maintenance purposes. Before any maintenance or improvements are performed on any watercourse, drainage way, channel, ditch, or canal, the owner of the waterway must give written permission for the work to be done.

  5. Fire Protection Requirements. All subdivisions shall provide adequate fire protection in accordance with and National Fire Protection Association (NFPA) standards for hydrant systems and City of Belgrade Standards (see appendix A). All fire protection requirements must be reviewed and approved by the Fire Chief and the Director of Public Works prior to final plat approval.

  6. Grading and Drainage.

    1. The subdivider shall provide a complete grading and drainage plan with accurate dimensions, courses and elevations, showing the proposed grades of roads and drainage improvements.

    2. The drainage system and facilities required for any surface run-off affecting the subdivision shall meet the minimum standards of MDEQ, as required by Title 76, Chapter 4, MCA, and all regulations adopted pursuant thereto, and are subject to the approval of the Council.

      1. Drainage systems shall not discharge into any sanitary sewer facility.

      2. The subdivider shall provide suitable drainage facilities for any surface runoff affecting the subdivision; these facilities shall be located in road rights-of-way or in perpetual easements of appropriate widths and are subject to approval by the Council.

  7. Park Requirements.

    1. Dedications: Except as provided in subsections 2, 3, and 6 below, a subdivider shall dedicate to the City a cash or land donation equal to:

      1. 11% of the area of the land proposed to be subdivided into parcels of one-half acre or smaller.
      2. 7.5% of the area of the land proposed to be subdivided into parcels larger than one-half acre and not larger than one acre.
      3. 5% of the area of the land proposed to be subdivided into parcels of one acre or larger but not larger than three acres.
      4. 2.5% of the area of the land proposed to be subdivided into parcels of three acres or larger but not larger than five acres.

    2. When a subdivision is located totally within an area for which density requirements have been adopted pursuant to a master plan under Title 76, Chapter 1, or pursuant to zoning regulations under Title 76, Chapter 2, the Council may establish park dedication requirements based on the community need for parks and the development densities identified in the plans or regulations. Park dedication requirements established under this section are in lieu of those provided in subsection 1 and may not exceed 0.03 acres per dwelling unit.

    3. A park dedication may not be required for:

      1. A minor subdivision.

      2. Land proposed for subdivision into parcels larger than five acres.

      3. Subdivision into parcels that are all nonresidential.

      4. A subdivision in which parcels are not created, except when that subdivision provides permanent multiple spaces for recreational camping vehicles, mobile homes, or condominiums.

      5. A subdivision in which only one additional parcel is created.

    4. The Council, in consultation with the subdivider and the planning board or park board that has jurisdiction, may determine suitable locations for parks and playgrounds and, giving due weight and consideration to the expressed preference of the subdivider, may determine whether the park dedication must be a land donation, cash donation, or a combination of both. When a combination of land donation and cash is required, the cash donation may not exceed the proportional amount not covered by the land donation.

      1. A “cash donation” is the fair market value of the un-subdivided, unimproved land.

      2. Where cash has been accepted in lieu of land dedication, the amount of cash donation shall be stated on the final plat.

      3. Where cash has been accepted in lieu of land dedication, the Council shall record in the minutes of the meeting upon the proposed subdivision why the dedication of land for parks and playgrounds was undesirable.

      4. The subdivider shall provide a current appraisal of the fair market value by a certified real estate appraiser of their choosing. The appraisal fee shall be the responsibility of the subdivider.

    5. Residential Subdivisions: All subdivisions shall be considered to be residential subdivisions and park dedication requirements shall be satisfied unless there are adopted zoning restrictions which prohibit residential development or it can be shown that the subdivider has immediate plans for non-residential development.

    6. The Council shall waive the park dedication requirement if:

      1. The preliminary plat provides for a planned unit development or other development with land permanently set aside for park and recreation uses sufficient to meet the needs of the persons who will ultimately reside in the development; and the area of the land and any improvements set aside for park and recreational purposes equals or exceeds the area of the dedication required.

      2. The preliminary plat provides long-term protection of critical wildlife habitat; cultural, historical, or natural resources; agricultural interests; or aesthetic values; and the area of the land proposed to be subdivided, by virtue of providing long term protection provided above, is reduced by an amount equal to or exceeding the area of the required dedication.

      3. The area of the land proposed to be subdivided, by virtue of a combination of the provisions of (a) and (b) above, is reduced by an amount equal to or exceeding the area of the dedication required.

    7. Park Fund.

      1. The Council shall use the dedicated money or land for development, acquisition, or maintenance of parks to serve the subdivision.

      2. The Council may use the dedicated money to acquire, develop, or maintain, within its jurisdiction, parks or recreational areas or for the purchase of public open space or conservation easement only if:

        (1) The park, recreational area, open space, or conservation easement is within reasonably close proximity to the proposed subdivision.
        (2) The Council has formally adopted a park plan that establishes the needs and procedures for use of the money.

      3. The Council may not use more than fifty percent (50%) of the dedicated money for park maintenance.

  8. Sanitary Sewers.

    1. The subdivider shall install complete sanitary sewer system facilities in accordance with the requirements of the City of Belgrade and MDEQ. The subdivider shall submit plans and specifications for the proposed facilities to the Director of Public Works and to MDEQ, and shall obtain their approvals prior to undertaking any construction.

  9. Utilities. Underground utilities, if placed in the road right-of-way, shall be located between the roadway and the right-of-way line to simplify location and repair of lines. Such underground facilities shall be installed or utility culverts provided before the road is surfaced to eliminate the necessity of disturbing the road surface when connecting individual services. Overhead utility lines shall be located at the rear property lines where practical. Utility facilities shall be designed by utility firms in cooperation with the subdivider, subject, however, to all applicable laws and rules and regulations of any appropriate regulatory authority having jurisdiction over such facilities.

  10. Water Supply System.

    1. The subdivider shall install complete water system facilities in accordance with the requirements of the City of Belgrade, and MDEQ. The subdivider shall submit plans and specifications for the proposed facilities to the Director of Public Works and to MDEQ, and shall obtain their approvals prior to undertaking any construction.

  11. Mail Delivery. If mail delivery will not be to each individual lot within the subdivision, the subdivider shall provide an off-road area for mail delivery within the subdivision in cooperation with the United States Postal Service. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City road right-of-way.

  12. Noxious Weeds. Noxious weeds shall be controlled as directed by the Weed Control District in accordance with the Montana County Noxious Weed Control Act.

    1. Prior to application for preliminary plat approval, the subdivider shall design a Noxious Weed Control and Revegetation Plan, and the subdivider shall submit the plan to the District for approval. This plan ensures the control of noxious weeds upon preliminary plat approval and the revegetation of any land disturbed during the construction of subdivision improvements.

    2. The subdivider shall submit the approved plan at the time of application for preliminary plat approval.

    3. Prior to application for final plat approval, the subdivider shall enter into a Memorandum of Understanding (MOU) with the Weed District. The MOU shall be signed between the Weed District and the subdivider prior to final plat approval.

    4. The subdivider shall submit the signed MOU at the time of application for final plat approval.

    5. The subdivider shall ensure that after final plat approval the property owner(s) and/or property owners’ association shall be responsible for the control of County declared noxious weeds by placing a covenant on the property.