A. 
All subdivisions shall comply with the following:
1. 
The City of Kalispell Standards for Design and Construction;
2. 
The design standards included in this chapter; and
3. 
The Kalispell Zoning Ordinance.
B. 
Variance/PUD Exceptions Granted:
1. 
A variance from a particular section of this article may be requested in writing pursuant to Section 28.07.01 of these regulations.
2. 
When a subdivider proposes to utilize the planned unit development provisions of the Kalispell Zoning Ordinance, individual variances to these design standards are not necessary as long as the provisions of the PUD process are adhered to under the zoning regulations.
C. 
All engineering and survey plans, specifications, design details and reports required by the City shall be prepared by a licensed professional engineer or registered surveyor as their respective license laws allow.
(Ord. 1707, 12-19-2011)
A. 
The design and development of subdivisions shall contain satisfactory building sites which are properly related to topography and which preserve:
1. 
The natural terrain;
2. 
Natural drainage;
3. 
Existing top soil;
4. 
Trees and other existing natural vegetation;
5. 
Wildlife and fish habitats; and
6. 
Floodplain.
B. 
Plantings may be required for buffering, screening, or soil erosion protection and are subject to approval by the City Parks Director.
(Ord. 1707, 12-19-2011)
A. 
Lands where there is evidence of the following possible hazard conditions occurring shall not be subdivided for building or residential purposes unless the hazards are eliminated or mitigated by approved design and construction plans.
1. 
Flooding;
2. 
High water table (seasonal high water table of less than five feet to surface);
3. 
High voltage lines;
4. 
High pressure gas lines;
5. 
Landslides;
6. 
Rock falls;
7. 
Slopes in excess of 25% grade;
8. 
Subsidence;
9. 
Polluted or non-potable water supply;
10. 
Air or vehicular traffic hazards or congestion;
11. 
Any other features that may be detrimental to the health, safety or general welfare of existing or future residents.
B. 
Development that would place unreasonable burdens on the general public including excessive expenditure of public funds or environmental degradation shall not be subdivided.
(Ord. 1707, 12-19-2011)
Subdivision design shall take into account the following planning considerations:
A. 
Analyzing topography in relation to slope stability (type of soils/steepness of grades).
B. 
Setting aside land in the floodplain for uses which will not:
1. 
Aggravate the flood hazard;
2. 
Be endangered by flooding;
3. 
Endanger the health, safety and welfare of the public.
C. 
Locating and reserving land area in floodplains, natural or scenic areas, schools, parks, open space, road rights-of-way and easements according to good planning and engineering practices and principles.
D. 
Providing for the continuation of streets into adjacent subdivisions or yet to be developed lands unless there is an alternate design approved by the City Engineer.
E. 
Properly situating multiple land uses within the subdivision to provide the maximum convenience to the residents and intended users.
F. 
Identifying lands subject to hazardous conditions such as landslides, rock falls, subsidence, high water table, open quarries, floods and polluted or non-potable water supply.
G. 
Providing a development plan for the remainder of the site when only a portion of an ownership is to be subdivided and developed. Such a plan shall show at a minimum: proposed roadways, residential lot location, and parks or common areas.
H. 
Compliance with the following adopted documents:
1. 
Kalispell Growth Policy;
2. 
Kalispell Area Transportation Plan;
3. 
Kalispell Parks and Recreation Master Plan;
4. 
Relevant adopted neighborhood or sub-area plans;
5. 
Kalispell water, sewer and stormwater facilities plans.
(Ord. 1707, 12-19-2011)
Land Located in a Designated Floodplain: Land located in the floodway of a 100 year flood frequency as defined by Title 76, Chapter 5, M.C.A., or land deemed subject to flooding as delineated by the most current floodplain maps available and adopted by the City of Kalispell, shall not be subdivided for building or residential purposes, or proposed for other uses that may increase the danger to life, health or property caused by flooding.
(Ord. 1707, 12-19-2011)
Land located in wetlands, ponds or sloughs shall not be subdivided for building or residential purposes or other uses that may increase or aggravate hazards to life, health or welfare, or that may be prohibited by state regulations unless these issues are mitigated.
A. 
Wetlands Defined:
1. 
Wetlands are areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated or hydric soil condition based on the following:
a. 
The duration the area is inundated or saturated by surface or ground water and under normal circumstances support a prevalence of vegetation typically adapted for life in saturated or hydric soil condition; and/or
b. 
If vegetation is absent, soils or hydrology that indicate wetland areas.
2. 
This definition does not include man-made wetlands and drainage facilities.
B. 
Setback:
1. 
A minimum 100 foot setback shall be provided around the entire wetland or that portion which is located on the property to be subdivided.
2. 
Proposed lot boundaries will be located at or beyond the 100 foot setback.
(Ord. 1707, 12-19-2011)
Where a development is crossed by or is adjacent to a watercourse, the developer shall mitigate the impacts of the development on the watercourse through the use of setbacks and limitations on adjacent development. This mitigation may be increased in areas of significant floodplain, adjacent wetlands or for bank stabilization. Proposed lot boundaries will be located at or beyond the minimum setback.
A. 
Purpose:
1. 
Supporting the riparian habitat.
2. 
Protect water quality.
3. 
Protecting the stream/river channel and banks.
4. 
Maintaining an effective sediment filter which helps maintain water quality.
5. 
Protect adjacent property from natural water course morphology.
B. 
Minimum Setbacks:
1. 
A minimum 200 foot setback shall be provided for "impaired streams" (currently Ashley Creek and the Whitefish, Stillwater and Flathead Rivers).
2. 
A minimum 100 foot setback shall be provided for Spring Creek and Trumbull Creeks.
3. 
A minimum 50 foot setback shall be provided for all other water courses such as intermittent or ephemeral streams. The USGS seven and one-half (7 1/2) minute quadrangle map shall be used as a reference followed by an on-site inspection by Planning Department staff to assist in determining if setbacks are warranted. The water course must have a defined bed or channel and associated riparian vegetation to be considered for the minimum setback. A swale does not constitute an intermittent or ephemeral stream.
C. 
Setback Measurements: All watercourse setbacks shall be measured from the ordinary high water mark. When no ordinary high water mark is discernible, setbacks shall be measured from the top of the stream bank.
D. 
Permitted Uses Within the Setback:
1. 
On-site stormwater treatment facilities as approved by the Public Works Department.
2. 
Trails and trail-related improvements (benches, trail signage, bridges and other crossings) subject to the following provisions:
a. 
Improvements must be constructed to minimize bank instability, sedimentation, nutrient and pollution runoff;
b. 
Trails shall be aligned to minimize damage to plant and wildlife habitat; and
c. 
Trails crossing water courses must receive appropriate local, State and Federal permits.
3. 
Streets, sidewalks, utility lines or similar public construction for the purpose of crossing a water-course subject to the following provisions:
a. 
Crossings shall be minimized to the greatest extent feasible;
b. 
Crossings with direct angles (90 degrees) shall be used to the greatest extent feasible instead of oblique crossing angles;
c. 
Construction shall be capable of withstanding 100 year flood events;
d. 
A bank stabilization plan shall be prepared and approved by the City prior to site preparation and installation of the improvement(s);
e. 
Streets shall allow passage of vehicular traffic per the current Kalispell Standards for Design and Construction.
4. 
Control of noxious weeds and activities required within limits outlined in an approved noxious weed control plan.
5. 
Park lands, park play facilities, open space and associated recreational facilities.
6. 
Agricultural fences, irrigation facilities and other agrelated activities.
E. 
Prohibited Uses Within the Setback:
1. 
Fill material.
2. 
Parking lot development.
3. 
Streets except for water course crossings.
4. 
Residential, commercial or industrial primary and accessory structures.
F. 
The developer may request a reduction in the setbacks listed in subsection B by providing the Planning Department with sound scientific information and reasonable mitigation to address potential impacts. In the case of bank stabilization a geotechnical report shall be required. The review and approval, conditional approval or denial of the requested reduction shall be in accordance with Section 28.07.01 (Variances) of these regulations.
(Ord. 1707, 12-19-2011)
For any subdivision that exceeds five acres in gross area, the transfer of water rights shall be addressed at the time of preliminary plat as provided in 76-3-504(1(j)) M.C.A.
A. 
The following options will be considered:
1. 
Where a homeowners association or other private or commercial entity is proposed as part of the subdivision that will be charged with maintaining open space, park lands, a golf course, agricultural pursuits or similar uses that will require non-potable water for irrigation, and the use of water for a closed loop thermal heat pump, existing water rights may be transferred from the developer, as directed by the City Council, to that entity commensurate with the proposed need.
2. 
The City Council may request that water rights be transferred to the City based on the City's need to provide municipal service to the area.
3. 
The water right may be severed from the land and extinguished.
B. 
If water rights associated with the proposed subdivision are to be transferred from the developer, they shall be transferred to the respective entities at the time of filing a final plat. For phased projects the water rights associated with each phase shall be transferred at the time of filing of the particular final plat.
(Ord. 1707, 12-19-2011)
Where a proposed residentially zoned (R or RA zone) subdivision abuts an existing or planned major arterial road capable of generating noise in excess of 60 dBA, design provisions shall be incorporated into the subdivision to mitigate the noise impacts.
A. 
Noise mitigation techniques shall be utilized to reduce the noise impacts to 60 dBA at the lot line.
B. 
Upon submitting a preliminary plat the application shall include the proposed noise mitigation method(s) to be used.
C. 
Noise mitigation techniques shall include one or more of the following options:
1. 
Increased setbacks from the noise generator using open space or parklands.
2. 
The use of non-noise sensitive land uses (storage units, parking areas, office uses, commercial uses, or light industrial uses as anticipated by the underlying zoning ordinance) buffering the sensitive land uses from the noise generator.
3. 
Earth berms.
4. 
Fences or walls less than six and one-half (6 1/2) feet in height.
5. 
Placement of streets, stormwater detention facilities or other required subdivision infrastructure to buffer the noise sensitive land use and the noise generator.
D. 
Sound walls over six and one-half (6 1/2) feet in height are specifically prohibited as a noise mitigation tool.
(Ord. 1707, 12-19-2011)
A geotechnical report shall be required for all major subdivisions. The report may be waived by the City Engineer based on a letter from a professional engineer with geotechnical practice.
A. 
This report shall be completed by a professional engineer with geotechnical practice and be submitted with the preliminary plat application.
B. 
Said report must find that development of the pertinent lots would pose no significant geological hazards to either these lots or neighboring properties.
C. 
The applicant is required to comply with all recommendations of said report.
D. 
In addition, a statement shall be placed on the final plat noting those specific lots as enumerated in the geotechnical report which may either be:
1. 
Subject to steep terrain and that the driveway access shall be approved by the City Engineer as suitable prior to the start of combustible construction; or
2. 
Subject to significant fill and foundations and driveways should be designed accordingly.
(Ord. 1707, 12-19-2011)
Each lot shall contain a satisfactory building site which is properly located to topography and conforms to the Kalispell Zoning and Floodplain Ordinances and these regulations. The proposed lots shall meet the following standards:
A. 
No single lot shall be divided by a municipal boundary line.
B. 
Each lot shall abut and have legal and physical access (minimum 20 feet wide) to a public or private street or road.
C. 
Alleys and emergency secondary access roads shall not be used to provide the primary means of access to a lot.
D. 
Driveway Standards:
1. 
Each building (lot) must be able to be accessed by a driveway, minimum 10 foot wide with a maximum 7% slope.
2. 
Corner lots must be designed to allow a driveway to be constructed at least 35 feet from the edge of pavement of an intersecting street.
E. 
Flag lots shall only be utilized when all other methods of lot development are unacceptable.
1. 
Flag lots are to be used in "infill" situations within developed areas and are not considered appropriate in areas of new development.
2. 
A flag lot should not be developed adjacent to another flag lot. However, if no other alternative exists, both lots shall share a common driveway that meets fire dept. access standards.
3. 
The flag access road shall not exceed 150 feet measured from edge of public R/W to the beginning of the buildable portion of the lot.
4. 
The net area of the flag lot shall not include any portion of the "pole" access strip that measures less than 30 feet in width.
F. 
Each lot shall have a building site suitable for intended development.
1. 
Residential minimum building sites are as follows:
a. 
Single-Family/Duplex: minimum 30 foot by 30 foot site;
b. 
Townhouse: minimum 30 foot by 40 foot site.
2. 
Building sites shall be existing undisturbed terrain of 25% or less slope.
G. 
No lot shall have an average depth greater than three times its average width unless the average lot width is greater than 200 feet.
H. 
Side lot lines shall be substantially right angles to street or road center lines and radial to curved street or road center lines.
I. 
Through lots are prohibited except where essential to provide separation of development from major arterial streets or to overcome specific topographic or orientation difficulties.
In such cases, a planting screen easement of a minimum width of 10 feet, across which there shall be no right-of-way access, shall be provided along the line of lots abutting the major traffic arterial or specific topographic or orientation difficulty.
J. 
Lots shall be numbered consecutively throughout the subdivision. Phases and blocks shall also be consecutively numbered.
(Ord. 1707, 12-19-2011)
A. 
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.
1. 
Blocks shall be wide enough to allow for two tiers of lots except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.
2. 
Block lengths shall be not less than 250 feet or more than 600 feet.
3. 
Right-of-way, not less than 20 feet wide, for pedestrian walks/trails shall be required where deemed essential to provide:
a. 
Access to common facilities such as schools, parks, open space, rivers, streams and lakes; or
b. 
When necessary to break up excessively long blocks (in excess of 600 feet in length) that are allowed to address unusual topography or road situations.
(Ord. 1707, 12-19-2011)
A. 
Where access to the subdivision will be by an easement across privately owned property, the subdivider must provide evidence that the necessary easement has been acquired and that the easement encompasses the nature and intensity of the use which will result from development of the subdivision.
B. 
Any public or private street or road providing ingress and egress to a subdivision shall meet the street design standards and specifications stated in Section 28.03.14 of these regulations.
C. 
A subdivision shall provide for the obvious and convenient extension of future streets to lands beyond the subdivision:
1. 
R/W shall be extended and developed to connect with existing streets that are stubbed to the proposed subdivision property.
2. 
R/W extensions shall also be stubbed out at regular block length intervals along the boundaries of the subdivision unless limited or prohibited by physical features or conflicting land uses.
3. 
Such extensions do not have to be improved if:
a. 
They do not connect to already developed streets; and
b. 
They do not provide primary access to any lots.
D. 
No residential subdivision shall gate its street off from public access.
E. 
Accesses into a subdivision shall be determined based on the following:
1. 
A single access into a subdivision is acceptable in the following situations:
a. 
The primary access road is less than 1,000 feet; and
b. 
The subdivision contains less than 50 units.
2. 
A second full access or multiple accesses are required in the following situations:
a. 
The primary access road exceeds 1,000 feet; or
b. 
The subdivision serves 50 or more residential lots or 100 or more residential dwelling units; or
c. 
Where the Fire Chief determines that safe and convenient access and emergency vehicle circulation dictate.
Note: A loop drive, with one access point, shall not qualify as providing additional access.
(Ord. 1707, 12-19-2011)
A. 
All public R/W improvements including pavement, curbs, gutters, boulevard treatment and drainage systems shall be:
1. 
Designed in accordance with the adopted Standards for Design and Construction, Kalispell, Montana;
2. 
The design shall be approved by the City Engineer;
3. 
All work, upon completion, shall be certified by a licensed Professional Engineer that it is in compliance with these regulations; and
4. 
All work shall comply with Table 1.
TABLE 1
STANDARDS FOR SUBDIVISION STREETS
Street
R/W Ownership
R/W (1)
Travel Surface Min.
Sidewalk
Lots Served Max.
Dwellings Served Max.
Through Street
Infill Tech. Only
Max. Grade
Local-1
Private
10
10
None
1
0 (utility)
No
 
8%
Local-2
Private
20
10
None
2
2
No
Yes
8%
Local-3
Private
30
20
One side
3
6
No
Yes
8%
Local-4
Private
40
20
Each side with lots served
4
8
No
Yes
8%
Local-5
Private or Public
50
24
Both sides
5
20
No
Yes
8%
Local-6
Public
60
28
Both sides
6+
n/a
Yes
 
8%
Collector
Public
60
34
Both sides
n/a
n/a
Yes
 
8%
Arterial
Public
80
(2)
Both sides
n/a
n/a
Yes
 
8%
Notes:
1
Terrain and design constraints may dictate greater right-of-way; all road disturbances must be accommodated within the right-of-way.
2
Design approved by the City Engineer/Kalispell Design and Construction Standards.
B. 
Local streets shall be designed to allow for continuation to adjacent properties with right-of-way spacing consistent with block lengths.
C. 
Permanent dead-end streets are discouraged and used sparingly when all other design alternatives fail due to topography or existing improvements.
1. 
Dead-end streets shall not exceed 600 feet as measured from center centerline intersection to center of cul-de-sac or center of approved turn-around.
2. 
Such a street shall terminate in a turnaround feature approved by the Fire Chief as follows:
a. 
Cul-de-sac for streets up to 600 feet long.
i. 
Back of Curb Radius: 47 feet minimum.
ii. 
Minimum Outside R/W Radius: 58 feet minimum.
b. 
Hammerhead for streets up to 150 feet long.
i. 
Hammerhead travel surface shall extend 40 feet to the right and left of centerline of the primary street.
ii. 
The travel surface in the hammerhead shall be a minimum of 20 feet wide.
iii. 
Other turn-around design as approved.
iv. 
May be waived if dead-end street is less than 110 feet long.
D. 
Temporary dead-end streets where a future street is proposed shall comply with subsection C.
E. 
Location of collector and arterial streets shall comply with the Kalispell City Growth Policy and Kalispell Area Transportation Plan.
F. 
Minor Arterial Design Standards: The following roads are or are intended to function as minor arterial streets in the future:
•
Reserve Drive (Both east and west of Highway 93)
•
Stillwater Road
•
West Spring Creek Road
•
Three Mile Drive
•
Four Mile Drive
•
Farm to Market Road
•
Foys Lake Road
•
Airport Road
•
Cemetery Road
•
Willow Glen Drive
•
Whitefish Stage Road
•
Rose Crossing
To protect the functional aspects of these roads and the neighboring subdivisions one of the following standards shall be met when a proposed residentially zoned (R or RA zone) subdivision abuts one of the above roads.
1. 
Lots shall be oriented inward with the rear lot lines of the lots adjacent to the road right-of-way.
a. 
A uniform fence or wall design shall be included with the preliminary plat application with the approved fence or wall design installed by the developer.
b. 
The creation of a homeowners association shall be included with the preliminary plat application to address maintenance of the sidewalk or bike path and maintenance of the boulevard landscaping along the subdivision's frontage of the arterial street.
c. 
In lieu of creating a homeowners association the developer may request a park maintenance district for maintenance of the sidewalk or bike path and landscape boulevard to be performed by the City.
2. 
A local street, approximately parallel to the arterial right-of-way, with the back of curb at a minimum distance of 50 feet from the arterial right-of-way. The distances between the local street and arterial street may be increased or decreased with regards to topography and the requirements of approach grades and grade separations.
a. 
Lots along the local street shall be designed to permit future homes to face the street.
b. 
The land between the arterial right-of-way and local street right-of-way shall be irrigated and landscaped. Landscaping shall include a mix of trees and groundcover and one or more earth berms with a 4:1 slope and a minimum height of three feet above street grade.
c. 
The creation of a homeowners association shall be included with the preliminary plat application to address maintenance of the landscaping between the two rights-of-way, sidewalk or bike path and maintenance of the boulevard landscaping along the arterial right-of-way.
d. 
In lieu of creating a homeowners association the developer may request a park maintenance district for maintenance of the landscaping between the two rights-of-way, sidewalk or bike path and maintenance of the boulevard landscaping along the arterial right-of-way to be performed by the City.
G. 
Collector Street Design Standards: To protect the functional aspects of the street the following standards shall be met when a proposed residentially zoned (R or RA zone) subdivision is adjacent to an existing or future collector street or includes a collector street within the subdivision:
1. 
Individual driveways are prohibited except in infill situations. Access to off-street parking spaces and/or garages shall be from an alley.
2. 
Lots shall be designed to orient the front of the house to the collector street.
H. 
When a subdivision abuts or contains a railroad right-of-way or a controlled access highway, a street approximately parallel to and on each side of such right-of-way at a distance suitable for an appropriate use of the intervening land may be required. Such distances shall also be determined with regards to the requirements of approach grades and future grade separations.
I. 
Collector streets shall be designed to afford access to arterial or other collector streets or for street continuation to adjoining areas.
J. 
Residential driveways shall avoid direct access onto collectors and shall not have direct access to arterial streets or State or Federal highways.
K. 
Dedication of half streets are discouraged but will be reviewed on a case by case basis and only when there is reasonable assurance that the adjoining right-of-way can be obtained in the foreseeable future.
L. 
When a subdivision abuts an existing local, collector or arterial street, this street shall be upgraded as follows:
1. 
If the required R/W for the abutting street is deficient, the subdivider shall provide at a minimum one-half of the required R/W to bring the road up to a minimum standard for the design classification of street.
2. 
The subdivider shall at a minimum bring the abutting road profile up to City standards including sidewalk, boulevard, street trees, curb and gutter on the subdivision side of the street.
3. 
The subdivider shall upgrade the travel surface to the centerline of the street but in no event shall the overall street travel surface be less than the minimum required travel surface for a full street.
M. 
Traffic calming techniques as provided below shall be incorporated into subdivisions when determined to be necessary to achieve enhanced pedestrian safety and improved design; when addressing design challenges caused by unusually long, straight or wide streets or when addressing intersections with a mix of traffic and pedestrians:
1. 
Bulb outs at intersections or midblocks to accommodate pedestrian crossings. Bulb outs should provide a maximum 20 foot wide vehicle travel lane.
2. 
Use of color or texture differentiated crosswalks. This can be achieved by using colored, textured or stamped concrete or concrete, brick or asphalt.
3. 
Incorporating sweeps or minor curves in a roadway to break up long straight stretches of internal roadway for any straight stretch of road in excess of 900 feet.
4. 
Incorporating speed humps or raised pedestrian crossings into roadway designs.
5. 
Providing center islands either for landscaping or at intersections and pedestrian crossings as areas of refuge for pedestrians.
6. 
Restricting the width of proposed travel surfaces where the proposed width exceeds the minimum design standards of the City.
7. 
Round-abouts.
N. 
In minor subdivisions where lot access is provided by existing streets, City Council may require waiver of protest to a special improvement district (SID) to upgrade the street in lieu of actual street improvements, in order to avoid upgrading small sections of existing streets, or may allow payment in lieu of street improvements. Such payment will be subject to approval by the department responsible for the operation and maintenance of said improvement.
O. 
Street intersections shall be in accordance with the Kalispell Design and Construction Standards.
P. 
All streets shall be named. Names of new streets aligned with existing streets shall be the same as those of existing streets. Proposed street names shall not duplicate or cause confusion with existing street names and shall be taken from an approved list located in the City Engineer's office.
Q. 
Street light installations are required to provide lighting on all streets within the subdivision.
R. 
Street or road signs and traffic control devices of the size, shape and height as approved by the City Engineer shall be placed at all intersections by the developer. Traffic control devices shall be consistent with the latest edition of "Manual of Uniform Traffic Control Devices."
S. 
Transportation Impact Study (TIS) Requirements:
1. 
Subdivisions generating 300 or more average daily trips to the City street system shall complete a traffic impact study (TIS) in accordance with the Kalispell Design and Construction Standards.
2. 
The TIS shall be submitted with the application materials.
3. 
Prior to submitting a TIS, the applicant and/or engineer shall have a scoping meeting with the public works department.
(Ord. 1707, 12-19-2011)
A. 
Alleys (public or private) may be required in any development.
B. 
Alleys in residential areas are required whenever:
1. 
Single-family lots of less than 50 feet width are proposed.
2. 
Duplex or townhouse development creating a street frontage density of 40 feet/unit or smaller on average is proposed for any block.
3. 
Lots are adjacent to an existing or future collector street.
C. 
Alleys Design Standards:
1. 
Commercial alleys shall have a minimum 20 foot R/W and 20 foot paved width.
2. 
Residential alleys shall have a minimum 16 foot R/W and a minimum 12 foot paved width.
3. 
Alleys shall be open at both ends.
(Ord. 1707, 12-19-2011)
A. 
Sidewalks are required in the following situations unless modified by these regulations:
1. 
In all residential subdivisions.
2. 
In all commercial subdivisions.
3. 
Whenever a subdivision abuts an arterial or collector street, along that portion of the street.
4. 
To connect existing sidewalks to adjacent trail systems.
5. 
To connect existing public sidewalks with adjacent public or private sidewalk systems serving individual public or commercial uses.
6. 
At the end of cul-de-sacs where deemed appropriate to provide continued pedestrian access to lands beyond.
B. 
Sidewalks shall be required on both sides of the street. The exception would be an exterior road to the subdivision in which the developer would only be required to construct the sidewalk on his or her side of the street.
C. 
The minimum width of the sidewalk shall be five feet.
D. 
The minimum width of an asphalt-surfaced bike path is 10 feet.
E. 
The minimum width of a concrete bike path is eight feet.
F. 
Residential sidewalks shall be separated from the street by a landscaped boulevard or open space.
G. 
A minimum two inch sleeve shall be placed under the sidewalk serving each residential lot for the purpose of allowing the convenient extension of irrigation lines to the boulevard. The sleeve shall be installed five feet on either side of the edge of the driveway. In the absence of a driveway, the developer shall place a stamp in the concrete indicating the location of the sleeve.
H. 
A bike path may be required in lieu of a sidewalk in areas where there is an existing or proposed bike path in order to provide an extension of the path. Conversely, where an existing bike path parallels a street, a sidewalk would not be required along that side of the street.
I. 
Where actual sidewalk or bike path construction is premature, in the City's opinion, a cash-in-lieu payment to the City equivalent to the cost of the sidewalk or bike path may be made. The City shall review the cash-in-lieu proposal prior to acceptance.
J. 
Sidewalks or bike paths, in instances where a bike path takes the place of a sidewalk along the adjacent street, shall be kept clear of snow, debris, bushes, etc., by the adjacent property owner or by an owners association if one is created for that purpose.
K. 
The entity responsible for bike path maintenance shall be identified at the time of preliminary plat approval.
L. 
Bike paths and sidewalks shall be designed per the AASHTO guidelines.
(Ord. 1707, 12-19-2011)
All stormwater drainage improvements shall be designed in accordance with the Kalispell Design and Construction Standards.
(Ord. 1707, 12-19-2011)
Prior to the construction of improvements in the subdivision, the subdivider shall be responsible for obtaining a stormwater permit from the Public Works Department.
(Ord. 1707, 12-19-2011)
A. 
The subdivider shall assure the provisions for collection and disposal of solid waste will meet the minimum requirements of the City of Kalispell.
B. 
If solid waste disposal is not to be the responsibility of individual lot or dwelling owners within the subdivision, the subdivider shall provide an off-street area for solid waste collections which will be aesthetically screened from general public view and conveniently accessible to collection vehicles subject to approval by the City Engineer.
C. 
The location and means for solid waste collections and disposal shall be subject to approval by the City Engineer.
(Ord. 1707, 12-19-2011)
All water and sanitary sewer facilities shall:
A. 
Comply with the Kalispell Standards for Design and Construction, the Flathead City-County Health Department, and Montana Department of Environmental Quality.
B. 
Be designed by a professional engineer licensed in the State of Montana.
C. 
Be approved by the City Engineer.
(Ord. 1707, 12-19-2011)
A. 
It is the responsibility of the developer to construct or extend all roadways and utilities from the existing facilities to the far property line of the development or as otherwise specified by the City Engineer.
B. 
It is the developer's responsibility to obtain and provide the City with all easements and R/W necessary to extend roadways and utilities to the far property line of the development.
C. 
All new utilities shall be placed underground.
D. 
All public utilities shall be within a public right-of-way or easement to permit free and unobstructed access.
E. 
Underground private utilities shall be located on private property.
F. 
A 10 foot wide utility easement shall be reserved along the front lot line and side street lot line of each residential lot for the placement of privately owned underground utilities. Where alleys are provided or required, the utility easements shall be provided in the alley right-of-way.
G. 
No underground private utilities, except service sweeps to the street lights and water and sewer service lines shall be placed in the boulevard between the back of curb and sidewalk or within a sidewalk.
H. 
In addition to showing the location of the utility easements on the plat, 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, telecommunication, 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."
________________________
Developer's Signature
(Ord. 1707, 12-19-2011)
A. 
Park Dedication Requirements:
1. 
A subdivider shall dedicate to the City a cash or land dedication equal to 0.03 acres per dwelling unit.
2. 
The City Council, Planning Board, and Parks and Recreation Department, giving due weight and consideration to the expressed preference of the subdivider shall determine whether the park dedication must be a land donation, cash donation or a combination of both. When a combination of land and cash donation is required, the cash donation may not exceed the proportional amount not covered by the land donation.
B. 
Exceptions to Park Dedication:
1. 
Park dedication shall not be required for:
a. 
Lots created greater than five acres in size;
b. 
Nonresidential lots;
c. 
A subdivision where lots are not created except when that subdivision provides permanent multiple spaces for recreational camping vehicles or mobilehomes;
d. 
A subdivision in which only one additional lot is created;
e. 
The first minor subdivision from a tract of record.
2. 
A subdivision which provides long-term protection of critical wildlife habitat; cultural, historical, or natural resources; agricultural interests; or aesthetic values shall be allowed to reduce the parkland requirement based on the amount of qualifying land placed in long term protection.
C. 
Criteria for Parkland Dedication:
1. 
The City Council, in consultation with the Planning Board, Parks and Recreation Department, and the subdivider, may determine suitable locations for parks, playgrounds and open space.
2. 
Land dedicated for park or playground purposes shall:
a. 
Be useable land;
b. 
Serve residents of the entire subdivision;
c. 
Be of appropriate shape and size; and
d. 
Have convenient access by public or private roads meeting City standards and specifications.
3. 
The following lands shall not be considered appropriate for park purposes:
a. 
Average cross slope of the park site is greater than 10%;
b. 
More than 5% of the park site has an average cross slope greater than 25%;
c. 
More than 25% of the park site is in a designated 100 year floodplain;
d. 
More than 10% of the park site is wet, swampy or marshy;
e. 
Is less than one acre in area;
f. 
Is an undeveloped open space area within a subdivision which does not have appropriate size, dimensions, or access to serve as a park;
g. 
Is in a floodway;
h. 
Is located within the first 50% of setback area of a riparian area setback from any river, stream or wetland;
i. 
Commercial or for-fee recreational facilities such as golf courses, athletic clubs, etc., unless the residents of the affected development are offered substantially reduced fees or free use and access.
D. 
Cash in Lieu of Park Land:
1. 
Where, because of size, topography, shape, location, or other circumstances, the dedication of land for parks and playgrounds is undesirable, the City may, for good cause shown, make an order to be endorsed and certified on the plat accepting a cash donation in lieu of the dedication of land that would have been dedicated.
a. 
It shall be the responsibility of the subdivider to provide satisfactory evidence of the fair market value.
b. 
For the purpose of this section, the fair market value is the value of undivided, unimproved land at the time of filing of final plat.
c. 
When the subdivider and the City are unable to agree upon the fair market value, the City may require that the fair market value be established by an appraisal done by a qualified real estate appraiser of its choosing.
d. 
The appraisal fee shall be the responsibility of the subdivider.
2. 
The governing body may use the dedicated money to acquire, develop or maintain parks or recreational areas or for the purchase of public open space or conservation easements only if:
a. 
Such area is within the City limits;
b. 
Such area is within a reasonably close proximity to the proposed subdivision;
c. 
The project is in accordance with the Parks and Recreation Comprehensive Master Plan.
3. 
The City may not use more than 50% of the dedicated money for park maintenance.
(Ord. 1707, 12-19-2011)
A. 
All subdivisions shall be planned, designed, constructed, and maintained so as to minimize the risk of fire and to permit effective and efficient suppression of fires.
B. 
A statement shall be placed on the face of the final plat as follows: "All house numbers will be visible from the street, either at the driveway entrance or on the house."
C. 
The City may impose additional requirements which it may deem necessary based on the consideration of size, location, density, and nature of the subdivision.
(Ord. 1707, 12-19-2011)
A. 
A common mail delivery site shall be provided with the design and location approved by the local postmaster of the U.S. Postal Service.
B. 
The roadside face of such facility shall be offset from the edge of the traveled roadway a minimum of eight feet.
C. 
A minimum pullout area for at least two vehicles shall be provided.
D. 
Sidewalk access shall be provided to the site.
E. 
The facility shall not block any portion of the sidewalk.
F. 
The mail delivery site shall be designed and constructed to be ADA accessible.
(Ord. 1707, 12-19-2011)
On the face of each final plat the following statement shall be placed:
The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision.
(Ord. 1707, 12-19-2011)