17.24.010 Legislative findings

The City Commission makes the following findings:

1. The Montana Subdivision and Platting Act (MSPA) – Title 76, Chapter 3, MCA, requires each county, city, and town to adopt subdivision regulations consistent with the act.
2. The subdivision of land directly affects the form and function of the City and the quality of life of City residents.
3. Subdivision regulations are needed to recognize and balance the sometimes diverse interests in the subdivision process.
4. The Montana Subdivision and Platting Act prohibits a local unit of government from adopting subdivision regulations that are more stringent than State requirements, unless the local unit of government makes a written finding, after a public hearing and public comment and based on evidence in the public record, that the local standard or requirement (a) protects public health or the environment; and (b) can mitigate harm to the public or environment and is achievable under current technology.
5. Nothing contained in this chapter is intended to be more stringent than State requirements.
6. The provisions of this chapter are adopted in accordance with the City’s adopted growth policy.

17.24.020 Purpose

This chapter is established to promote the public health, safety, and welfare and is intended to accomplish the following purposes:

1. prevent the overcrowding of land
2. lessen congestion in the streets and highways
3. provide for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements
4. require development to be in harmony with the natural environment
5. protect the rights of property owners
6. require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey
7. comply with the requirements of the Montana Subdivision and Platting Act (MSPA) – Title 76, Chapter 3, MCA
8. implement the City’s adopted growth policy

17.24.030 Applicability

This chapter applies to all subdivisions submitted for review after the effective date of this Title. The design and development standards do not apply to existing subdivisions and/or lots, unless they are further subdivided.

17.24.040 Exemptions

1. Exemption for certain divisions of land (See: 76-3-201, MCA). Unless the method of disposition is adopted for the purpose of evading this chapter, the requirements of this chapter do not apply to any of the following:
   1. A division of land created by order of any court of record in this State or by operation of law or that, in the absence of agreement between the parties to the sale, could be created by an order of any court in this State pursuant to the law of eminent domain, Title 70, Chapter 30, MCA. Before a court of record orders a division of land, the court shall notify the City Commission of the pending division and allow the City Commission to present written comment on the division.
   2. A division of land created to provide security for mortgages, liens, or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing purposes. This exemption applies to the following:
      1. A division of land of any size.
      2. If the land that is divided is not conveyed to any entity other than the financial or lending institution to which the mortgage, lien, or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien, or trust indenture. A transfer of the divided land, by the owner of the property at the time that the land was divided, to any party other than those identified in this subsection subjects the division of land to the requirements of this chapter.
      3. To a parcel that is created to provide security. The remainder of the tract of land is subject to the provisions of this chapter if applicable.
   3. A division of land that creates an interest in oil, gas, minerals, or water that is severed from the surface ownership of real property.
   4. A division of land that creates cemetery lots.
   5. A division of land created by the reservation of a life estate.
   6. A division of land created by lease or rental for farming and agricultural purposes.
   7. A division of land in a location over which the State does not have jurisdiction.
   8. A division of land created for rights-of-way or utility sites. A subsequent change in the use of the land to a residential, commercial, or industrial use is subject to the requirements of this chapter.
2. Structures on complying subdivided lands (See: 76-3-202, MCA). When the land upon which an improvement is situated has been subdivided in compliance with the requirements of this chapter, the sale, rent, lease, or other conveyance of one or more parts of a building, structure, or other improvement situated on one or more parcels of land is not a division of land and is therefore not subject to the requirements of this chapter.
3. Certain condominiums (See: 76-3-203, MCA). Condominiums constructed on land divided in compliance with this chapter are exempt from the provisions of this chapter if:
   1. the approval of the original division of land expressly contemplated the construction of the condominiums and any applicable park dedication requirements in 76-3-621, MCA are complied with; or
   2. the condominium proposal is in conformance with the zoning regulations contained in this Title.
4. Conveyances of one or more parts of a structure or improvement (See: 76-3-204, MCA). The sale, rent, lease, or other conveyance of one or more parts of a building, structure, or other improvement, whether existing or proposed, is not a division of land, as that term is defined in this chapter, and is not subject to the requirements of this chapter.
5. Airport land and State-owned lands (See: 76-3-205, MCA). A division of land created by lease or rental of contiguous airport-related land owned by a city, a county, the State, or a municipal or regional airport authority is not subject to the requirements of this chapter if the lease or rental is for onsite weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier-related activities. A division of State-owned land is not subject to the requirements of this chapter unless the division creates a second or subsequent parcel from a single tract for sale, rent, or lease for residential purposes after July 1, 1974.
6. Conveyances executed prior to July 1, 1974 (See: 76-3-206, MCA). The requirements of this chapter do not apply to deeds, contracts, leases, or other conveyances executed prior to July 1, 1974.
7. Subdivisions exempted from review but subject to survey requirements and zoning regulations (See: 76-3-207, MCA). Unless the method of disposition is adopted for the purpose of evading this chapter, the following are not subdivisions under this chapter but are subject to the surveying requirements of 76-3-401, MCA and zoning regulations provided by Chapter 20 of this Title: (Ord. 2950, 2007)
   1. A division of land made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties;
   2. A division of land made outside of platted subdivisions for the purpose of a single gift or sale in the county to each member of the landowner's immediate family;
   3. A division of land made outside of platted subdivisions by gift, sale, or agreement to buy and sell in which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the governing body and the property owner that the divided land will be used exclusively for agricultural purposes. A change in use of the land exempted for anything other than agricultural purposes subjects the division to the provisions of this chapter.
   4. Relocation of common boundaries affecting 5 or fewer lots within a platted subdivision.
   5. Aggregation of lots within a platted subdivision.
   6. Relocation of a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas.

   A division of land may not be made under this section unless the County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be divided have been paid. If a division of land includes centrally assessed property and the property taxes applicable to the division of land are not specifically identified in the tax assessment, the department of revenue shall prorate the taxes applicable to the land being divided on a reasonable basis. The owner of the centrally assessed property shall ensure that the prorated real property taxes and special assessments are paid on the land being sold before the division of land is made. The County Treasurer may accept the amount of the tax prorated pursuant to this subsection as a partial payment of the total tax that is due.

8. Subdivisions exempted from surveying and filing requirements but subject to review provisions (See: 76-3-208, MCA). Subdivisions created by rent or lease are exempt from the surveying and filing requirements of this chapter but must be submitted for review and approved by the City Commission before portions thereof may be rented or leased.
9. Exemption from surveying and platting requirements for lands acquired for State highways (See: 76-3-209, MCA). Instruments of transfer of land which are acquired for State highways may refer by parcel and project number to State highway plans which have been recorded in compliance with 60-2-209, MCA, and are exempted from the surveying and platting requirements of this chapter. If such parcels are not shown on highway plans of record, instruments of transfer of such parcels shall be accompanied by and refer to appropriate certificates of survey and plats when presented for recording.

17.24.050 Effect of recorded plat

A final subdivision plat once recorded with the County Clerk and Recorder creates each of the parcels so noted on the plat. A recorded plat may be vacated in whole, or in part, consistent with 76-3-305, MCA. Writing (e.g., notations or statements) on the face of the plat, which relate to the lots being created, shall run with the land, as may be applicable to each parcel, and be binding on each and every property owner of said parcel.

17.24.060 Construction timing

The subdivider shall not proceed with any construction work, including grading and excavation relating to public improvements, until the governing body has approved the preliminary plat and other permits as may be required by this Title or State law, have been obtained.

17.24.070 Title transfers

A final subdivision plat shall be filed with the County Clerk and Recorder before title to the subdivided land may be sold or transferred in any manner. After the preliminary plat of a subdivision has been approved, or conditionally approved, the subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following circumstances are met (See: 76-3-303, MCA):

1. Under the terms of the contracts the purchasers of lots in the proposed subdivision make any payments to an escrow agent, which must be a bank or savings and loan association chartered to do business in Montana.
2. Under the terms of the contracts and the escrow agreement, the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the subdivider until the final plat of the subdivision is filed with the County Clerk and Recorder.
3. The contracts and the escrow agreement provide that if the final plat of the proposed subdivision is not filed with the County Clerk and Recorder within 2 years of the preliminary plat approval, the escrow agent shall immediately refund to each purchaser any payments he has made under the contract.
4. The County Treasurer has certified that no real property taxes assessed and levied on the land to be divided are delinquent.
5. The contracts conspicuously contain the following language: “The real property which is the subject hereof has not been finally platted, and until a final plat identifying the property has been filed with the County Clerk and Recorder, title to the property cannot be transferred in any manner.”

17.24.080 Overall development plan

When a proposed subdivision does not cover the entire parcel and the remainder has development potential, the subdivider shall prepare and submit an overall development plan for the entire property as part of the subdivision application. While the submittal of an overall development plan does not bind future development of the remainder, it ensures that the development of the entire property will be coordinated and well conceived.

17.24.090 Disposition of water rights

If a subdivision will create lots averaging less than 5 acres in size, the subdivider shall submit evidence with the final plat that the subdivider has:

1. reserved all or a portion of the appropriation water rights owned by the owner of the land to be subdivided and transferred these water rights to a single entity for use by landowners within the subdivision who have a legal right to the water and reserved and severed any remaining surface water rights from the land;
2. if the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide for the use of a water right on the subdivision lots, established a landowner’s water use agreement administered through a single entity. This agreement must specify how the water rights will be administered and describe the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or
3. reserved and severed all surface water rights from the land proposed for subdivision.

17.24.100 Subdivision design principles

1. Generally. Subdivisions shall be designed to avoid adverse impacts. If avoidance of an adverse impact is not possible, then that impact shall be minimized to an acceptable level, if possible, and mitigated as appropriate. It is recognized that unmitigated impacts may be unacceptable and may preclude approval (76-3-608(5), MCA).
2. Building sites. The design and development of a subdivision shall provide satisfactory building sites, which are properly related to topography, and shall, to the extent possible, preserve the natural terrain, natural drainage, trees, and other existing vegetation.
3. Specific standards. Subdivisions shall be designed to:
   1. minimize the amount of impervious surface within the subdivision
   2. preserve the character of the surrounding area
   3. preserve natural features, including wetlands, riparian habitat, and drainage ways
   4. promote a walkable and bicycle-friendly community
   5. create street continuity and an interconnected street network
   6. accommodate the housing needs of City residents
   7. promote other purposes in the City’s growth policy plan

17.24.110 Lots

1. Lot design. Lots shall conform to the following standards:
   1. No lot shall be divided by another parcel, by a public street right-of-way, or by a private road easement.
   2. No lot shall be divided by a municipal boundary.
   3. Each lot shall abut a public or private street that meets the standards of this Title and provides legal and physical access.
   4. Side lot lines shall be at substantially right angles to straight road lines and radial to curved road lines.
   5. No lot shall be wholly located within the 100-year floodplain unless a permanent deed restriction is recorded with the County Clerk and Recorder indicating that the parcel may only be used for agriculture, recreation, or similar use and that no building shall be constructed.
   6. Double frontage lots may only be used to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography or orientation. Physical and legal access shall only be provided off of the street with the lowest street classification.
2. Flag lots. Flag lots shall be avoided. In no circumstances shall the stem of the parcel exceed 150 feet.
3. Lot size. Lot sizes shall conform to each of the following:
   1. Each lot shall have an area sufficient to meet all design and development standards in this Title.
   2. Each lot shall meet the lot size requirements included in Chapter 20 of this Title.
4. Buildable area. Each lot intended to accommodate a building shall contain a suitable site for the intended use. For a single-family lot, the minimum building area is 2,000 square feet configured to accommodate a building footprint of 1,300 square feet. Lots not intended for building purposes shall be so noted on the face of the plat along with the intended use.

17.24.120 Blocks

1. Generally. Blocks shall be designed to:
   1. create street continuity and an interconnected street network,
   2. foster bicycle and pedestrian travel,
   3. assure traffic safety,
   4. accommodate the special needs of the use contemplated, and
   5. take advantage of the opportunities or constraints posed by topography or natural features.
2. Single- and double-tier blocks. Blocks with one tier of lots may be located on the perimeter of the subdivision or within the interior of the subdivision when the lots front on a green space or similar feature. Elsewhere, blocks shall consist of two tiers of lots.
3. Block dimensions. A double-tier block shall not be longer than 1,300 feet or less than 300 feet, except where necessary due to topography or other natural feature. The length of a single-tier block on the perimeter of the subdivision shall conform to the standards of a double-tier block, except when the street network from a previously developed area cannot be carried over into the proposed subdivision or when a street from the proposed subdivision can not be carried over into the abutting vacant land due to topography and other similar factors. When a single-tier block fronts on a linear green space that is narrower than 3 times the average width of the lots in the block, the block length shall not exceed 1,600 linear feet. There is no limitation on the length of a single-tier block fronting on a non-linear green space (e.g., park, open space).
4. Mid-block pedestrian crossing. If the length of a double-tier block exceeds 900 feet (as allowed by this part), a mid-block pedestrian sidewalk within an easement or public right-of-way may be provided. Other mid-block pedestrian sidewalks may be required to provide pedestrian access to public amenities, commercial or employment centers, or other pedestrian-oriented areas. Mid-block pedestrian sidewalks shall be well-lit to provide visibility.

17.24.130 Improvements

1. Generally. The subdivider shall provide all infrastructure (on-site and off-site) necessary to serve the subdivision prior to filing of the final plat or enter into an improvement agreement consistent with the provisions of Chapter 68 of this Title. Examples of infrastructure include streets, bridges, alleys, sidewalks, street lights, traffic control signs and other devices, stormwater facilities, water and sewer facilities, telephone lines, natural gas lines, and off-street mail delivery facilities. All off-site improvements shall be directly attributable to the project (76-3-510, MCA).
2. Design. Infrastructure shall meet the requirements of this Title, State and federal requirements, and specifications of service providers as appropriate.

17.24.140 Utility easements and right-of-way

1. Provision of easements. The subdivider shall provide easements of sufficient width for the construction and maintenance of utilities that are not located within a right-of-way dedicated to the City.
2. Prior authorization within a public right-of-way. If utility lines are to be placed within an existing public right-of-way, the provider shall obtain prior authorization from the City, county, or State, as appropriate.

3. Required easement statement. In addition to showing the location of utility easements on the subdivision plat, the following statement must appear on the final plat:

   The undersigned grants those duly licensed persons providing or offering to provide telephone, electric power, natural gas, cable television, water and sewer service, or other similar service, the right to the joint use of the utility easements shown on this plat for the construction, maintenance, repair, or removal of their lines and other facilities upon advance notice to the affected landowners and consistent with requirements as may be imposed by the City of Great Falls now or in the future.

17.24.150 Ditch easements

1. The subdivider shall establish ditch easements in the subdivision, in locations of appropriate topographic characteristics and sufficient width, to allow the physical placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of water for irrigation to persons and lands legally entitled to water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of water on the subdivision lots. Establishment of easements is not required if:
   1. The average lot size is less than 1 acre or less and the subdivider provides for disclosure, in a manner acceptable to the City Commission, that adequately notifies potential buyers of lots that are classified as irrigated land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable(See: 76-3-504(i)(i), MCA); or
   2. The water rights are removed or the process has been initiated to remove the water rights from the subdivided land through an appropriate legal or administrative process and if the removal or intended removal is denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions. (See: 76-3-504(i)(ii), MCA)
2. The subdivider shall, unless otherwise provided for under separate written agreement or filed easement, file and record ditch easements for unobstructed use and maintenance of existing water delivery ditches, pipelines, and facilities in the subdivision that are necessary to convey water through the subdivision to lands adjacent to or beyond the subdivision boundaries in quantities and in a manner that are consistent with historic and legal rights. (See: 76-3-504(k), MCA)

17.24.160 Street maintenance agreement

When a street within a subdivision is to remain under private ownership, a street maintenance agreement shall be prepared and recorded consistent with Chapter 32 of this Title.

17.24.170 Property owner’s association

1. When required. When land (open space, park area, etc.) and/or facilities for the benefit of the subdivision or other development project are held in common by multiple owners, a property owner’s association shall be formed consistent with State law and this part.
2. Minimum requirements. The property owner’s association shall, at a minimum, provide an agreement that contains the following:
   1. The parcels which are party to the agreement.
   2. A description of the common property (e.g., land and/or facilities) that the property owners will own in common.
   3. The reservation of the common property shall be perpetual, unless otherwise terminated by the City Commission in writing and supported by written findings of fact.
   4. The agreement is binding on any person having an interest in a parcel that is subject to the agreement.
   5. A specific mechanism for decision making.
   6. The association is responsible for liability insurance, local taxes, and the maintenance of the common property facilities.
   7. The association shall assess property owners for all costs associated with the common property.
   8. In the event that an assessment becomes delinquent, the assessment, together with interest thereon and the cost of collection shall become a continuing lien on the lot until satisfied.
3. Recordation of agreement. The agreement governing the ownership of the property shall be legally recorded.

17.24.180 Special provisions for mobile home parks

Mobile home parks shall meet the special standards contained in Chapter 20 of this Title.

17.24.190 Special provisions for mobile home parks

Recreational vehicle parks and campgrounds shall meet the special standards contained in Chapter 20 of this Title.