These regulations shall be known as the "Subdivision Regulations
of the City of Kalispell, Montana."
(Ord. 1707, 12-19-2011)
Authorization for these regulations is contained in the "Montana
Subdivision and Platting Act" (Title 76, Chapter 3, Montana
Codes Annotated).
(Ord. 1707, 12-19-2011)
The purpose of these regulations is to promote the public health,
safety, and general welfare and to provide for:
A.
The
orderly development of the jurisdictional area;
B.
The
coordination of roads within subdivided land with other roads, both
existing and planned;
C.
The
dedication of land for roadways and for public utility easements;
D.
The
improvement of roads;
E.
The
provision of open spaces for travel, light, air and recreation;
F.
The
provision of proper physical and legal access, including obtaining
necessary easements;
G.
The
provision of adequate transportation, water, drainage, and sanitary
facilities;
H.
The
avoidance or minimization of congestion;
I.
The
avoidance of subdivision which would involve unnecessary environmental
degradation;
J.
The
avoidance of danger or injury by reason of natural hazard or the lack
of water, drainage, access, transportation or other public services;
K.
The
avoidance of excessive expenditure of public funds for the supply
of public improvements and services;
L.
The
manner and form of making and filing of any plat for subdivided lands;
M.
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. 1707, 12-19-2011)
These regulations shall apply to all land developments which
are described as subdivisions under 76-3-103(15) M.C.A., as amended.
These will include:
A.
Division
of land which creates one or more parcels containing less than 160
acres;
B.
Re-subdivision
of previously subdivided land;
C.
Manufactured
home parks;
D.
Recreational
vehicle campgrounds;
E.
Townhouse
developments.
(Ord. 1707, 12-19-2011)
These regulations apply to the subdivision of land within the
City of Kalispell, Montana.
If a proposed subdivision lies within three miles of the City
of Kalispell, the Flathead County, Montana, Board of Commissioners
must submit the preliminary plat to the City Council or its designee
for review and comment.
These regulations supplement all other regulations and where
they are in conflict with other laws, regulations, ordinances or resolutions,
the more restrictive requirements shall apply. Other regulations include,
but are not limited to, zoning regulations, floodplain regulations,
building codes, development codes and fire codes.
(Ord. 1707, 12-19-2011)
If a court of competent jurisdiction holds any word, phrase,
clause, sentence, paragraph, section, or other part of these regulations
invalid, that judgment will affect only the part held invalid.
(Ord. 1707, 12-19-2011)
