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HomeMy WebLinkAboutE-Packet 05-29-07_Bozeman Community Plan Update - Joint Meeting of t_11 Report compiled on May 22, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Planning Director Jody Sanford, Senior Planner SUBJECT: Bozeman Community Plan Update – Joint Meeting of the City Commission and Bozeman Planning Board with Clarion Associates of Fort Collins, CO MEETING DATE: Tuesday, May 29, 2007 RECOMMENDATION: Provide the representatives from Clarion Associates with feedback on the following: 1.Your ideas about the 2020 Plan - what is working or not? 2. How well does recent development reflect community goals in the Plan? 3. Ideas or questions about this project? 4. Who else should be involved? BACKGROUND: The City of Bozeman has initiated the process of updating the City’s growth policy, the Bozeman 2020 Community Plan. Clarion Associates of Fort Collins, CO has been retained to provide an audit of the current plan, and provide recommendations and guidance for preparation of the update. Other plan update tasks completed to date include: 1. Update of the GIS land use layer. 2. Planning Board appointment of a community plan update committee. 3. Completion and adoption of the Water and Wastewater Facilities Plans. 4. Completion of the public comment draft of the Parks, Recreation, Open Space and Trails (PROST) Plan. 5. Commission endorsement of a new planning boundary (same boundary being used for water, wastewater, stormwater and parks facility plans). Next steps in the plan update process will include: 1. Preparation and implementation of a public outreach and participation plan (June 2007). 2. Preparation of a plan update timeline as a Gantt chart (June 2007). 3. Staff analysis of the current plan and recommendations for updates (June 2007). 4. Compilation and preparation of demographic and socio-economic information and trends (June – July, 2007). 5. Final adoption of the PROST Plan (Summer 2007). UNRESOLVED ISSUES: Should the Planning Department continue to accept growth policy amendment applications during the Community Plan Update process? FISCAL EFFECTS: Fiscal impacts are undetermined at this time. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Chris Saunders at csaunders@bozeman.net or Jody Sanford at jsanford@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: Exhibit of the Community Plan Update planning boundary Clarion Associates professional biographies, qualifications and representative project experience 247 !!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Bozeman Community Plan UpdatePlanning Boundary O !! Bozeman 2020 Community Plan boundary Bozeman Community Plan Update boundary City of Bozeman VALLEY CENTER SYPES CANYON GOOCH HILLBAXTER DURSTON HUFFINE STUCKY BLACKWOOD PATTERSON JOHNSON COTTONWOODFOWLERNASH SOURDOUGHMOUNT ELLISBOZEMAN TRAIL BRIDGER CANYONSTORY MILL248 249 250 251 252 253 254 Report compiled on May 23, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Planning Director Jody Sanford, Senior Planner SUBJECT: Recently Passed Bills Amending State Planning Statutes MEETING DATE: Tuesday, May 29, 2007 RECOMMENDATION: The City Commission should consider whether they wish to pursue the new option provided by Senate Bill 201. If so, the planning process will be revised to accommodate the requirements of provision. BACKGROUND: The Montana State Legislature recently passed two bills amending the planning statutes. Senate Bill 201 revises the contents list for a growth policy in Section 76-1-601. It provides an option for a community to prepare detailed plans and zoning based regulations which then provide a foundation to simplify the subdivision review process. In return a community may charge a fee to development specifically for funding of long range planning. Senate Bill 51 requires that a growth policy consider the hazards from wildland fire and the urban interface. It also requires subdivision review to consider hazards from fire while at the same time placing certain limits on what types of mitigation requirements may be imposed through subdivision. Certain duties are imposed upon state agencies to prepare rules to implement the new law. UNRESOLVED ISSUES: Should the City pursue the new option provided by Senate Bill 201. FISCAL EFFECTS: Fiscal impacts are undetermined at this time. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Chris Saunders at csaunders@bozeman.net or Jody Sanford at jsanford@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager ATTACHMENTS: Text of Senate Bill 201 Text of Senate Bill 51 255 60th Legislature SB0201.04 - 1 -Authorized Print Version - SB 201 SENATE BILL NO. 2011 INTRODUCED BY LAIBLE, GILLAN, HAWKS, NOONEY, HANDS, GRINDE, MURPHY, O'HARA, EBINGER,2 WISEMAN, DUTTON, JACOBSON, ARNTZEN, MACLAREN3 4 A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAND USE LAWS; ALLOWING LOCAL5 GOVERNMENTS TO ADOPT GROWTH POLICIES THAT ADDRESS INFRASTRUCTURE PLANNING;6 REQUIRING CERTAIN TRANSPORTATION PROJECTS TO COMPLY WITH GROWTH POLICIES; ALLOWING7 CERTAIN GOVERNING BODIES TO ASSESS PLANNING FEES; EXEMPTING CERTAIN LAND DIVISIONS8 FROM REVIEW; REQUIRING THAT CERTAIN WATER AND INFRASTRUCTURE PROJECTS RECEIVE A9 PRIORITY FOR FUNDING; PROVIDING FOR A TRANSITION PERIOD; AND AMENDING SECTIONS 60-2-110,10 76-1-103, 76-1-601, 76-2-101, 76-2-205, 76-3-207, 76-3-301, 76-3-605, 76-3-608, 85-1-612, AND 90-6-710, AND11 76-3-609, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."12 13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:14 15 Section 1. Section 60-2-110, MCA, is amended to read:16 "60-2-110. Setting priorities and selecting projects. (1) Except as provided in 60-2-133, the17 commission shall establish priorities and select and designate segments for construction and reconstruction on18 the national highway system, the primary highway system, the secondary highway system, the urban highway19 system, and state highways.20 (2) The commission shall consult with the board of county commissioners of the county in which a21 highway is located when establishing priorities and when selecting and designating segments on the secondary22 highway system for construction and reconstruction.23 (3) The commission shall consult with the appropriate local government authorities when establishing24 priorities and selecting and designating segments on the urban highway system for construction and25 reconstruction.26 (4) The commission shall use information gathered or discovered by and documents prepared by the27 department, and department officials and employees shall provide assistance and advice.28 (5) The commission shall establish and determine priorities and projects for rail and transit programs29 and, to the extent possible, coordinate intermodal transportation within the state.30 256 60th Legislature SB0201.04 - 2 -Authorized Print Version - SB 201 (6) The commission shall ensure that projects comply with growth policies when the projects are located1 within an area that has adopted a growth policy that includes the provisions of 76-1-601(4)(c).2 (7) In carrying out the requirements of this section, the department shall:3 (a) make recommendations to the commission;4 (b) establish the requirements and procedures for administering this section; and5 (c) take all reasonable steps to ensure the integrity and viability of agricultural and rural transportation6 and related needs."7 8 Section 1. Section 76-1-103, MCA, is amended to read:9 "76-1-103. Definitions. As used in this chapter, the following definitions apply:10 (1) "City" includes incorporated cities and towns.11 (2) "City council" means the chief legislative body of a city or incorporated town.12 (3) "Governing body" or "governing bodies" means the governing body of any governmental unit13 represented on a planning board.14 (4) "Growth policy" means a comprehensive development plan, master plan, or comprehensive plan that15 was adopted pursuant to this chapter before October 1, 1999, or a policy that was adopted pursuant to this16 chapter on or after October 1, 1999.17 (5) "Land use management techniques and incentives" include but are not limited to zoning regulations,18 subdivision regulations, and market incentives.19 (6) "Mayor" means mayor of a city.20 (7) "Market incentives" MAY include but are not limited to an expedited subdivision review process21 authorized by 76-3-609, reductions in parking requirements, reductions in utility hookup fees, and a sliding scale22 of development review fees.23 (6)(8) "Neighborhood plan" means a plan for a geographic area within the boundaries of the jurisdictional24 area that addresses one or more of the elements of the growth policy in more detail.25 (7)(9) "Person" means any individual, firm, or corporation.26 (8)(10) "Planning board" means a city planning board, a county planning board, or a joint city-county27 planning board.28 (9)(11) "Plat" means a subdivision of land into lots, streets, and areas, marked on a map or plan, and29 includes replats or amended plats.30 257 60th Legislature SB0201.04 - 3 -Authorized Print Version - SB 201 (10)(12) "Public place" means any tract owned by the state or its subdivisions.1 (11)(13) "Streets" includes streets, avenues, boulevards, roads, lanes, alleys, and all public ways.2 (12)(14) "Utility" means any facility used in rendering service that the public has a right to demand."3 4 Section 2. Section 76-1-601, MCA, is amended to read:5 "76-1-601. Growth policy -- contents. (1) A growth policy may cover all or part of the jurisdictional area.6 (2) A growth policy must include the elements listed in subsection (3) by October 1, 2006. The extent7 to which a growth policy addresses the elements of a growth policy that are listed in subsection (3) is at the full8 discretion of the governing body.9 (3) A growth policy must include:10 (a) community goals and objectives;11 (b) maps and text describing an inventory of the existing characteristics and features of the jurisdictional12 area, including:13 (i) land uses;14 (ii) population;15 (iii) housing needs;16 (iv) economic conditions;17 (v) local services, including the capacity of emergency, fire, and law enforcement services;18 (vi) public facilities;19 (vii) threats to public safety, including but not limited to flooding, fire, and unsafe public facilities.20 (viii) natural resources; and21 (viii)(ix)(VIII) other characteristics and features proposed by the planning board and adopted by the22 governing bodies;23 (c) projected trends, in maps and text, for the life of the growth policy for each of the following elements:24 (i) land use;25 (ii) population;26 (iii) housing needs;27 (iv) economic conditions;28 (v) local services, including the capacity of emergency, fire, and law enforcement services;29 (vi) public facilities;30 258 60th Legislature SB0201.04 - 4 -Authorized Print Version - SB 201 (vii) threats to public safety, including but not limited to flooding, fire, and unsafe public facilities.1 (viii) natural resources; and2 (vii)(ix)(VII) other elements proposed by the planning board and adopted by the governing bodies;3 (d) a description of policies, regulations, land use management techniques, market incentives, and other4 measures to be implemented in order to achieve the goals and objectives established pursuant to subsection5 (3)(a) and to achieve the purposes of this chapter;6 (e) a strategy, in maps and text, for development, maintenance, and replacement of public infrastructure,7 including drinking water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire8 protection facilities, roads, and bridges;9 (f) an implementation strategy that includes:10 (i) a timetable for implementing the growth policy;11 (ii) a list of conditions that will lead to a revision of the growth policy; and12 (iii) a timetable for reviewing the growth policy at least once every 5 years and revising the policy if13 necessary;14 (g) a statement of how the governing bodies will coordinate and cooperate with other jurisdictions that15 explains:16 (i) if a governing body is a city or town, how the governing body will coordinate and cooperate with the17 county in which the city or town is located on matters related to the growth policy;18 (ii) if a governing body is a county, how the governing body will coordinate and cooperate with cities and19 towns located within the county's boundaries and with neighboring counties on matters related to the growth20 policy;21 (h) a statement explaining how the governing bodies will:22 (i) define the criteria in 76-3-608(3)(a); and23 (ii) evaluate and make decisions regarding proposed subdivisions with respect to the criteria in24 76-3-608(3)(a); and25 (i) a statement explaining how public hearings regarding proposed subdivisions will be conducted.26 (4) A growth policy may:27 (a) include one or more neighborhood plans. A neighborhood plan must be consistent with the growth28 policy.29 (b) establish minimum criteria defining the jurisdictional area for a neighborhood plan;30 259 60th Legislature SB0201.04 - 5 -Authorized Print Version - SB 201 (C) FOR A COUNTY, INCLUDE A STATEMENT OF HOW THE GOVERNING BODY OF THE COUNTY INTENDS TO1 COORDINATE AND COOPERATE WITH NEIGHBORING COUNTIES IN THE DEVELOPMENT OF A GROWTH POLICY;2 (c) address the criteria in 76-3-608(3)(a);3 (d) evaluate the effect of subdivision on the criteria in 76-3-608(3)(a);4 (e) describe zoning regulations that will be implemented to address the criteria in 76-3-608(3)(a); and5 (f) identify geographic areas where the governing body intends to authorize an exemption from review6 of the criteria in 76-3-608(3)(a) for proposed subdivisions pursuant to 76-3-608.7 (c)(D)(C) establish an infrastructure plan that, at a minimum, includes:8 (i) projections, in maps and text, of the jurisdiction's growth in population and number of residential,9 commercial, and industrial units over the next 20 years;10 (ii) for a city, a determination regarding if and how much of the city's growth is likely to take place outside11 of the city's existing jurisdictional area over the next 20 years and a plan of how the city will coordinate12 infrastructure planning with the county or counties where growth is likely to take place;13 (iii) for a county, a plan of how the county will coordinate infrastructure planning with each of the cities14 that project growth outside of city boundaries and into the county's jurisdictional area over the next 20 years;15 (iv) for cities, a land use map showing where projected growth will be guided and at what densities within16 city boundaries;17 (v) for cities and counties, a land use map that designates infrastructure planning areas adjacent to cities18 showing where projected growth will be guided and at what densities;19 (vi) using maps and text, a description of existing and future public facilities necessary to efficiently serve20 projected development and densities within infrastructure planning areas, including, whenever feasible, extending21 interconnected municipal street networks, sidewalks, trail systems, public transit facilities, and other municipal22 public facilities throughout the infrastructure planning area. For the purposes of this subsection (4)(c)(vi), public23 facilities include but are not limited to drinking water treatment and distribution facilities, sewer systems,24 wastewater treatment facilities, solid waste disposal facilities, parks and open space, schools, PUBLIC ACCESS25 AREAS, roads, highways, bridges, and facilities for fire protection, law enforcement, and emergency services;26 (vii) a description of proposed land use management techniques and incentives that will be adopted to27 promote development within cities and in an infrastructure planning area, including land use management28 techniques and incentives that address issues of housing affordability;29 (viii) a description of how and where projected development inside municipal boundaries for cities and30 260 60th Legislature SB0201.04 - 6 -Authorized Print Version - SB 201 inside designated joint infrastructure planning areas for cities and counties could adversely impact:1 (A) threatened or endangered wildlife and critical wildlife habitat and corridors;2 (B) water available to agricultural water users and facilities;3 (C) the ability of public facilities, INCLUDING SCHOOLS, to safely and efficiently service current residents4 and future growth;5 (D) a local government's ability to provide adequate local services, including but not limited to6 emergency, fire, and police protection, schooling, and school busing;7 (E) the safety of people and property due to threats to public health and safety, including but not limited8 to wildfire, flooding, erosion, water pollution, hazardous wildlife interactions, and traffic hazards; and9 (F) natural resources, including but not limited to forest lands, mineral resources, streams, rivers, lakes,10 wetlands, and ground water; and11 (G) AGRICULTURAL LANDS AND AGRICULTURAL PRODUCTION; AND12 (ix) a description of measures, including land use management techniques and incentives, that will be13 adopted to avoid, significantly reduce, or mitigate the adverse impacts identified under subsection (4)(c)(viii).14 (5) The planning board may propose and the governing bodies may adopt additional elements of a15 growth policy in order to fulfill the purpose of this chapter."16 17 NEW SECTION. Section 3. Planning fees -- limit. (1) Governing bodies that are represented on a18 planning board created pursuant to 76-1-112 or that have committed in a resolution to adopting OR THAT HAVE19 ADOPTED a growth policy that includes the provisions of 76-1-601(4)(c) may assess PLANNING fees to pay for20 services that fulfill the purposes of Title 76, chapter 1. The PLANNING fees are in addition to any other fees21 authorized by law AND MAY BE COLLECTED AS PART OF EITHER SUBDIVISION APPLICATIONS OR ZONING PERMITS.22 (2) Planning fees may not exceed $50 for each residential lot or unit or $250 for each commercial,23 industrial, or other type of lot or unit.24 25 Section 5. Section 76-2-101, MCA, is amended to read:26 "76-2-101. Planning and zoning commission and district. (1) Subject to the provisions of subsection27 (5), whenever the public interest or convenience may require and upon petition of 60% of the affected freeholders28 real property owners or of more than 50% of the affected real property owners when the zoning district is to be29 established in accordance with a growth policy that includes the provisions of 76-1-601(4)(c), the board of county30 261 60th Legislature SB0201.04 - 7 -Authorized Print Version - SB 201 commissioners may create a planning and zoning district and appoint a planning and zoning commission1 consisting of seven members.2 (2) A planning and zoning district may not be created in an area that has been zoned by an incorporated3 city pursuant to 76-2-310 and 76-2-311.4 (3) For the purposes of this part, the word "district" means any area that consists of not less than 405 acres.6 (4) Except as provided in subsection (5), an action challenging the creation of a planning and zoning7 district must begin within 5 years after the date of the order by the board of county commissioners creating the8 district.9 (5) If freeholders real property owners representing 50% of the titled property ownership in the district10 protest the establishment of the district within 30 days of its creation, the board of county commissioners may not11 create the district. An area included in a district protested under this subsection may not be included in a zoning12 district petition under this section for a period of 1 year."13 14 Section 6. Section 76-2-205, MCA, is amended to read:15 "76-2-205. Procedure for adoption of regulations and boundaries. The board of county16 commissioners shall observe the following procedures in the establishment or revision of boundaries for zoning17 districts and in the adoption or amendment of zoning regulations:18 (1) Notice of a public hearing on the proposed zoning district boundaries and of regulations for the zoning19 district must be published once a week for 2 weeks in a newspaper of general circulation within the county. The20 notice must state:21 (a) the boundaries of the proposed district;22 (b) the general character of the proposed zoning regulations;23 (c) the time and place of the public hearing;24 (d) that the proposed zoning regulations are on file for public inspection at the office of the county clerk25 and recorder.26 (2) At the public hearing, the board of county commissioners shall give the public an opportunity to be27 heard regarding the proposed zoning district and regulations.28 (3) After the public hearing, the board of county commissioners shall review the proposals of the planning29 board and shall make any revisions or amendments that it determines to be proper.30 262 60th Legislature SB0201.04 - 8 -Authorized Print Version - SB 201 (4) The board of county commissioners may pass a resolution of intention to create a zoning district and1 to adopt zoning regulations for the district.2 (5) The board of county commissioners shall publish notice of passage of the resolution of intention once3 a week for 2 weeks in a newspaper of general circulation within the county. The notice must state:4 (a) the boundaries of the proposed district;5 (b) the general character of the proposed zoning regulations;6 (c) that the proposed zoning regulations are on file for public inspection at the office of the county clerk7 and recorder;8 (d) that for 30 days after first publication of this notice, the board of county commissioners will receive9 written protests to the creation of the zoning district or to the zoning regulations from persons owning real property10 within the district whose names appear on the last-completed assessment roll of the county.11 (6) Within 30 days after the expiration of the protest period, the board of county commissioners may in12 its discretion adopt the resolution creating the zoning district or establishing the zoning regulations for the district.13 However, if 40% of the freeholders within the district affected real property owners within the district or more than14 50% of the affected real property owners when the zoning district is to be established in accordance with a growth15 policy that includes the provisions of 76-1-601(4)(c) whose names appear on the last-completed assessment roll16 or if freeholders real property owners representing 50% of the titled property ownership whose property is taxed17 for agricultural purposes under 15-7-202 or whose property is taxed as forest land under Title 15, chapter 44, part18 1, have protested the establishment of the district or adoption of the regulations, the board of county19 commissioners may not adopt the resolution and a further zoning resolution may not be proposed for the district20 for a period of 1 year."21 22 Section 7. Section 76-3-207, MCA, is amended to read:23 "76-3-207. Divisions of land exempted from review but subject to survey requirements and zoning24 regulations -- exceptions -- fees for examination of division. (1) A subdivision is exempt from review under25 this chapter, but it is subject to Title 76, part 4, and applicable zoning regulations adopted under Title 76, chapter26 2, if it meets all of the following requirements:27 (a) the proposed subdivision is entirely within an area where the governing body has adopted a growth28 policy that includes the provisions of 76-1-601(4)(c);29 (b) the proposed subdivision is entirely within an area subject to zoning adopted pursuant to 76-2-20330 263 60th Legislature SB0201.04 - 9 -Authorized Print Version - SB 201 or 76-2-304 that avoids, significantly reduces, or mitigates adverse impacts identified in a growth policy that1 includes the provisions of 76-1-601(4)(c); and2 (c) the subdivision complies with requirements for easements and access as provided for in3 76-3-608(3)(c) and (3)(d).4 (2) Except as provided in subsection (2) (3), unless the method of disposition is adopted for the purpose5 of evading this chapter, the following divisions of land are not subdivisions under this chapter but are subject to6 the surveying requirements of 76-3-401 for divisions of land not amounting to subdivisions and are subject to7 applicable zoning regulations adopted under Title 76, chapter 2:8 (a) divisions made outside of platted subdivisions for the purpose of relocating common boundary lines9 between adjoining properties;10 (b) divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county11 to each member of the landowner's immediate family;12 (c) divisions made outside of platted subdivisions by gift, sale, or agreement to buy and sell in which the13 parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the14 governing body and the property owner that the divided land will be used exclusively for agricultural purposes;15 (d) for five or fewer lots within a platted subdivision, relocation of common boundaries and the16 aggregation of lots; and17 (e) divisions made for the purpose of relocating a common boundary line between a single lot within a18 platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on the original19 platted lot or original unplatted parcel continues to apply to those areas.20 (2)(3) Notwithstanding the provisions of subsection (1) (2):21 (a) within a platted subdivision filed with the county clerk and recorder, a division of lots that results in22 an increase in the number of lots or that redesigns or rearranges six or more lots must be reviewed and approved23 by the governing body and an amended plat must be filed with the county clerk and recorder;24 (b) a change in use of the land exempted under subsection (1)(c) (2)(c) for anything other than25 agricultural purposes subjects the division to the provisions of this chapter.26 (3)(4) (a) Subject to subsection (3)(b) (4)(b), a division of land may not be made under this section unless27 the county treasurer has certified that all real property taxes and special assessments assessed and levied on28 the land to be divided have been paid.29 (b) (i) If a division of land includes centrally assessed property and the property taxes applicable to the30 264 60th Legislature SB0201.04 - 10 -Authorized Print Version - SB 201 division of land are not specifically identified in the tax assessment, the department of revenue shall prorate the1 taxes applicable to the land being divided on a reasonable basis. The owner of the centrally assessed property2 shall ensure that the prorated real property taxes and special assessments are paid on the land being sold before3 the division of land is made.4 (ii) The county treasurer may accept the amount of the tax prorated pursuant to this subsection (3)(b)5 (4)(b) as a partial payment of the total tax that is due.6 (4)(5) The governing body may examine a division of land to determine whether or not the requirements7 of this chapter apply to the division and may establish reasonable fees, not to exceed $200, for the examination."8 9 Section 8. Section 76-3-301, MCA, is amended to read:10 "76-3-301. General restriction on transfer of title to subdivided lands. (1) Except as provided in11 76-3-303, every final subdivision plat must be filed for record with the county clerk and recorder before title to the12 subdivided land can be sold or transferred in any manner. The clerk and recorder of the county shall refuse to13 accept any plat for record that fails to have the approval of 76-3-611(1) in proper form unless the plat is located14 in an area over which the state does not have jurisdiction.15 (2) The clerk and recorder shall notify the governing body or its designated agent of any land division16 described in 76-3-207(1) 76-3-207(2).17 (3) If transfers not in accordance with this chapter are made, the county attorney shall commence action18 to enjoin further sales or transfers and compel compliance with all provisions of this chapter. The cost of the19 action must be imposed against the party not prevailing."20 21 NEW SECTION. SECTION 4. EXEMPTION FOR CERTAIN SUBDIVISIONS. (1) A SUBDIVISION THAT MEETS THE22 CRITERIA IN SUBSECTION (2) IS EXEMPT FROM THE FOLLOWING REQUIREMENTS:23 (A) PREPARATION OF AN ENVIRONMENTAL ASSESSMENT AS REQUIRED BY 76-3-603;24 (B) A PUBLIC HEARING ON THE SUBDIVISION APPLICATION PURSUANT TO 76-3-605; AND25 (C) REVIEW OF THE SUBDIVISION FOR THE CRITERIA LISTED IN 76-3-608(3)(A).26 (2) TO QUALIFY FOR THE EXEMPTIONS IN SUBSECTION (1), A SUBDIVISION MUST MEET THE FOLLOWING CRITERIA:27 (A) THE PROPOSED SUBDIVISION IS ENTIRELY WITHIN AN AREA INSIDE OR ADJACENT TO AN INCORPORATED CITY28 OR TOWN WHERE THE GOVERNING BODY HAS ADOPTED A GROWTH POLICY THAT INCLUDES THE PROVISIONS OF29 76-1-601(4)(C);30 265 60th Legislature SB0201.04 - 11 -Authorized Print Version - SB 201 (B) THE PROPOSED SUBDIVISION IS ENTIRELY WITHIN AN AREA SUBJECT TO ZONING ADOPTED PURSUANT TO1 76-2-203 OR 76-2-304 THAT AVOIDS, SIGNIFICANTLY REDUCES, OR MITIGATES ADVERSE IMPACTS IDENTIFIED IN A GROWTH2 POLICY THAT INCLUDES THE PROVISIONS OF 76-1-601(4)(C); AND3 (C) THE SUBDIVISION PROPOSAL INCLUDES A DESCRIPTION OF FUTURE PUBLIC FACILITIES AND SERVICES, USING4 MAPS AND TEXT, THAT ARE NECESSARY TO EFFICIENTLY SERVE THE PROJECTED DEVELOPMENT.5 6 SECTION 5. SECTION 76-3-605, MCA, IS AMENDED TO READ:7 "76-3-605. Hearing on subdivision application. (1) Except as provided in 76-3-609 [and section 4] and8 subject to the regulations adopted pursuant to 76-3-504(1)(o) and 76-3-615, at least one public hearing on the9 subdivision application must be held by the governing body, its authorized agent or agency, or both and the10 governing body, its authorized agent or agency, or both shall consider all relevant evidence relating to the public11 health, safety, and welfare, including the environmental assessment if required, to determine whether the12 subdivision application should be approved, conditionally approved, or denied by the governing body.13 (2) When a proposed subdivision is also proposed to be annexed to a municipality, the governing body14 of the municipality shall hold joint hearings on the subdivision application and annexation whenever possible.15 (3) Notice of the hearing must be given by publication in a newspaper of general circulation in the county16 not less than 15 days prior to the date of the hearing. The subdivider, each property owner of record whose17 property is immediately adjoining the land included in the preliminary plat, and each purchaser under contract18 for deed of property immediately adjoining the land included in the preliminary plat must also be notified of the19 hearing by registered or certified mail not less than 15 days prior to the date of the hearing.20 (4) When a hearing is held by an agent or agency designated by the governing body, the agent or21 agency shall act in an advisory capacity and recommend to the governing body the approval, conditional22 approval, or denial of the proposed subdivision. This recommendation must be submitted to the governing body23 in writing not later than 10 working days after the public hearing."24 25 Section 6. Section 76-3-608, MCA, is amended to read:26 "76-3-608. Criteria for local government review. (1) The basis for the governing body's decision to27 approve, conditionally approve, or deny a proposed subdivision is whether the subdivision application, preliminary28 plat, applicable environmental assessment, public hearing, planning board recommendations, or additional29 information demonstrates that development of the proposed subdivision meets the requirements of this chapter.30 266 60th Legislature SB0201.04 - 12 -Authorized Print Version - SB 201 A governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts1 on educational services.2 (2) The governing body shall issue written findings of fact that weigh the criteria in subsection (3), as3 applicable.4 (3) A subdivision proposal must undergo review for the following primary criteria:5 (a) except when the governing body has established an exemption pursuant to subsection (6) of this6 section or EXCEPT WHEN THE GOVERNING BODY HAS ESTABLISHED AN EXEMPTION PURSUANT TO SUBSECTION (6) OF THIS7 SECTION OR except as provided in 76-3-509 or in, [SECTION 4], OR 76-3-609(2) or (4), the impact adverse impacts8 THE IMPACT on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and9 wildlife habitat, and public health and safety;10 (b) compliance with:11 (i) the survey requirements provided for in part 4 of this chapter;12 (ii) the local subdivision regulations provided for in part 5 of this chapter; and13 (iii) the local subdivision review procedure provided for in this part;14 (c) the provision of easements for the location and installation of any planned utilities; and15 (d) the provision of legal and physical access to each parcel within the proposed subdivision and the16 required notation of that access on the applicable plat and any instrument of transfer concerning the parcel.17 (4) The governing body may require the subdivider to design the proposed subdivision to reasonably18 minimize potentially significant SIGNIFICANT adverse impacts identified through the review required under19 subsection (3). The governing body shall issue written findings to justify the reasonable mitigation required under20 this subsection (4).21 (5) (a) In reviewing a proposed subdivision under subsection (3) and when requiring mitigation under22 subsection (4), a governing body may not unreasonably restrict a landowner's ability to develop land, but it is23 recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and24 will preclude approval of the subdivision.25 (b) When requiring mitigation under subsection (4), a governing body shall consult with the subdivider26 and shall give due weight and consideration to the expressed preference of the subdivider.27 (6) The governing body may exempt proposed subdivisions that are entirely within the boundaries of28 designated geographic areas from the review criteria in subsection (3)(a) if all of the following requirements have29 been met:30 267 60th Legislature SB0201.04 - 13 -Authorized Print Version - SB 201 (a) the governing body has adopted a growth policy pursuant to chapter 1 that:1 (i) addresses the criteria in subsection (3)(a);2 (ii) evaluates the impact of development on the criteria in subsection (3)(a);3 (iii) describes zoning regulations that will be implemented to address the criteria in subsection (3)(a); and4 (iv) identifies one or more geographic areas where the governing body intends to authorize an exemption5 from review of the criteria in subsection (3)(a); and6 (b) the governing body has adopted zoning regulations pursuant to chapter 2, part 2 or 3, that:7 (i) apply to the entire area subject to the exemption; and8 (ii) address the criteria in subsection (3)(a), as described in the growth policy.9 (6) THE GOVERNING BODY MAY EXEMPT PROPOSED SUBDIVISIONS THAT ARE ENTIRELY WITHIN THE BOUNDARIES10 OF DESIGNATED GEOGRAPHIC AREAS FROM THE REVIEW CRITERIA IN SUBSECTION (3)(A) IF ALL OF THE FOLLOWING11 REQUIREMENTS HAVE BEEN MET:12 (A) THE GOVERNING BODY HAS ADOPTED A GROWTH POLICY PURSUANT TO CHAPTER 1 THAT:13 (I) ADDRESSES THE CRITERIA IN SUBSECTION (3)(A);14 (II) EVALUATES THE IMPACT OF DEVELOPMENT ON THE CRITERIA IN SUBSECTION (3)(A);15 (III) DESCRIBES ZONING REGULATIONS THAT WILL BE IMPLEMENTED TO ADDRESS THE CRITERIA IN SUBSECTION16 (3)(A); AND17 (IV) IDENTIFIES ONE OR MORE GEOGRAPHIC AREAS WHERE THE GOVERNING BODY INTENDS TO AUTHORIZE AN18 EXEMPTION FROM REVIEW OF THE CRITERIA IN SUBSECTION (3)(A); AND19 (B) THE GOVERNING BODY HAS ADOPTED ZONING REGULATIONS PURSUANT TO CHAPTER 2, PART 2 OR 3, THAT:20 (I) APPLY TO THE ENTIRE AREA SUBJECT TO THE EXEMPTION; AND21 (II) ADDRESS THE CRITERIA IN SUBSECTION (3)(A), AS DESCRIBED IN THE GROWTH POLICY.22 (7)(6)(7) A governing body may conditionally approve or deny a proposed subdivision as a result of the23 water and sanitation information provided pursuant to 76-3-622 or public comment received pursuant to 76-3-60424 on the information provided pursuant to 76-3-622 only if the conditional approval or denial is based on existing25 subdivision, zoning, or other regulations that the governing body has the authority to enforce."26 27 Section 10. Section 85-1-612, MCA, is amended to read:28 "85-1-612. Rulemaking authority -- priorities. (1) The department shall adopt rules:29 (1)(a) prescribing a reasonable application fee and the form and content of applications for grants and30 268 60th Legislature SB0201.04 - 14 -Authorized Print Version - SB 201 loans;1 (2)(b) governing the application of the criteria for awarding loans and grants to private persons;2 (3)(c) providing for the servicing of loans including arrangements for obtaining security interests and the3 establishment of reasonable fees or charges to be made;4 (4)(d) describing the terms and conditions for making grants and loans, the security instruments, and5 the agreements necessary;6 (5)(e) subject to subsection (2), describing the ranking criteria used to evaluate and prioritize grants to7 governmental entities; and8 (6)(f) specifying any other procedures necessary to accomplish the objectives of the renewable resource9 grant and loan program.10 (2) For grants that would benefit drinking water systems, wastewater treatment facilities, or sewer11 systems, a higher priority must be given to applications for new facilities that are within an area that has adopted12 a growth policy that includes the provisions of 76-1-601(4)(c)."13 14 Section 11. Section 90-6-710, MCA, is amended to read:15 "90-6-710. Priorities for projects -- procedure -- rulemaking. (1) The department of commerce must16 receive proposals for infrastructure projects from local governments. The department shall work with a local17 government in preparing cost estimates for a project. In reviewing project proposals, the department may consult18 with other state agencies with expertise pertinent to the proposal. For the projects under 90-6-703(1)(a), the19 department shall prepare and submit a list containing the recommended projects and the recommended form and20 amount of financial assistance for each project to the governor, prioritized pursuant to subsection (2). The21 governor shall review the projects recommended by the department and shall submit a list of recommended22 projects and the recommended financial assistance to the legislature.23 (2) In preparing recommendations under subsection (1), preference must be given to infrastructure24 projects based on the following order of priority:25 (a) projects that solve urgent and serious public health or safety problems or that enable local26 governments to meet state or federal health or safety standards;27 (b) projects that reflect greater need for financial assistance than other projects;28 (c) projects that incorporate appropriate, cost-effective technical design and that provide thorough,29 long-term solutions to community public facility needs;30 269 60th Legislature SB0201.04 - 15 -Authorized Print Version - SB 201 (d) projects that reflect substantial past efforts to ensure sound, effective, long-term planning and1 management of public facilities and that attempt to resolve the infrastructure problem with local resources;2 (e) projects that enable local governments to obtain funds from sources other than the funds provided3 under this part;4 (f) projects that provide long-term, full-time job opportunities for Montanans, that provide public facilities5 necessary for the expansion of a business that has a high potential for financial success, or that maintain the tax6 base or that encourage expansion of the tax base; and7 (g) projects from local governments that have adopted a growth policy that includes the provisions of8 76-1-601(4)(c); and9 (h) projects that are high local priorities and have strong community support.10 (3) After the review required by subsection (1), the projects must be approved by the legislature.11 (4) The department shall adopt rules necessary to implement the treasure state endowment program.12 (5) The department shall report to each regular session of the legislature the status of all projects that13 have not been completed in order for the legislature to review each project's status and determine whether the14 authorized grant should be withdrawn."15 16 NEW SECTION. Section 12. Transition. A governing body that has adopted a growth policy prior to17 [the effective date of this act] shall implement the provisions of 76-1-601(3) by October 1, 2009.18 19 SECTION 7. SECTION 76-3-609, MCA, IS AMENDED TO READ:20 "76-3-609. Review procedure for minor subdivisions -- determination of sufficiency of application21 -- governing body to adopt regulations. (1) Minor subdivisions must be reviewed as provided in this section22 and subject to the applicable local regulations adopted pursuant to 76-3-504.23 (2) If the tract of record proposed to be subdivided has not been subdivided or created by a subdivision24 under this chapter or has not resulted from a tract of record that has had more than five parcels created from that25 tract of record under 76-3-201 or 76-3-207 since July 1, 1973, then the proposed subdivision is a first minor26 subdivision from a tract of record and, when legal and physical access to all lots is provided, must be reviewed27 as follows:28 (a) Except as provided in subsection (2)(b), the governing body shall approve, conditionally approve, or29 deny the first minor subdivision from a tract of record within 35 working days of a determination by the reviewing30 270 60th Legislature SB0201.04 - 16 -Authorized Print Version - SB 201 agent or agency that the application contains required elements and sufficient information for review. The1 determination and notification to the subdivider must be made in the same manner as is provided in 76-3-604(1)2 through (3).3 (b) The subdivider and the reviewing agent or agency may agree to an extension or suspension of the4 review period, not to exceed 1 year.5 (c) Except as provided in subsection (2)(d)(iii), an application must include a summary of the probable6 impacts of the proposed subdivision based on the criteria described in 76-3-608(3).7 (d) The following requirements do not apply to the first minor subdivision from a tract of record as8 provided in subsection (2):9 (i) the requirement to prepare an environmental assessment;10 (ii) the requirement to hold a hearing on the subdivision application pursuant to 76-3-605; and11 (iii) the requirement to review the subdivision for the criteria contained in 76-3-608(3)(a) if the minor12 subdivision is proposed in the portion of a jurisdictional area that has adopted zoning regulations that address13 the criteria in 76-3-608(3)(a).14 (e) The governing body may adopt regulations that establish requirements for the expedited review of15 the first minor subdivision from a tract of record. The following apply to a proposed subdivision reviewed under16 the regulations:17 (i) 76-3-608(3); and18 (ii) the provisions of Title 76, chapter 4, part 1, whenever approval is required by those provisions.19 (3) Except as provided in [section 4] and subsection (4) of this section, any minor subdivision that is not20 a first minor subdivision from a tract of record, as provided in subsection (2), is a subsequent minor subdivision21 and must be reviewed as provided in 76-3-601 through 76-3-605, 76-3-608, 76-3-610 through 76-3-614, and22 76-3-620.23 (4) The governing body may adopt subdivision regulations that establish requirements for review of24 subsequent minor subdivisions that meet or exceed the requirements that apply to the first minor subdivision, as25 provided in subsection (2) and this chapter.26 (5) (a) Review and approval, conditional approval, or denial of a subdivision under this chapter may27 occur only under those regulations in effect at the time that a subdivision application is determined to contain28 sufficient information for review as provided in subsection (2).29 (b) If regulations change during the period that the application is reviewed for required elements and30 271 60th Legislature SB0201.04 - 17 -Authorized Print Version - SB 201 sufficient information, the determination of whether the application contains the required elements and sufficient1 information must be based on the new regulations."2 3 NEW SECTION. Section 8. Codification instruction. (1) [Section 4 3] is intended to be codified as4 an integral part of Title 76, chapter 1, part 4, and the provisions of Title 76, chapter 1, part 4, apply to [section 45 3].6 (2) [SECTION 4] IS INTENDED TO BE CODIFIED AS AN INTEGRAL PART OF TITLE 76, CHAPTER 3, PART 6, AND THE7 PROVISIONS OF TITLE 76, CHAPTER 3, PART 6, APPLY TO [SECTION 4].8 9 NEW SECTION. SECTION 9. EFFECTIVE DATE. [THIS ACT] IS EFFECTIVE ON PASSAGE AND APPROVAL.10 - END -11 272 60th Legislature SB0051.05 - 1 -Authorized Print Version - SB 51 SENATE BILL NO. 511 INTRODUCED BY B. HAWKS2 BY REQUEST OF THE EDUCATION AND LOCAL GOVERNMENT INTERIM COMMITTEE3 4 A BILL FOR AN ACT ENTITLED: "AN ACT REVISING GROWTH POLICY AND SUBDIVISION LAWS;5 REQUIRING GROWTH POLICIES TO CONSIDER EVALUATE THE POTENTIAL FOR FIRE AND WILDLAND6 FIRE; INCLUDING FIRE AND WILDLAND FIRE AMONG THE NATURAL HAZARDS THAT LOCAL7 SUBDIVISION REGULATIONS ARE REQUIRED TO REASONABLY ADDRESS; REQUIRING SUBDIVISION8 REGULATIONS TO IDENTIFY AREAS UNSUITABLE FOR DEVELOPMENT UNLESS CERTAIN MITIGATION9 MEASURES ARE TAKEN, INCLUDING USE OF CONSTRUCTION TECHNIQUES PROVIDED IN10 DEPARTMENT OF LABOR AND INDUSTRY ADMINISTRATIVE RULES; PROHIBITING A GOVERNING BODY11 FROM INCLUDING CERTAIN BUILDING REGULATIONS IN SUBDIVISION REGULATIONS; REQUIRING12 SUBDIVISION REGULATIONS TO IDENTIFY AREAS UNSUITABLE FOR DEVELOPMENT UNLESS CERTAIN13 MITIGATION MEASURES ARE TAKEN, INCLUDING USE OF CONSTRUCTION TECHNIQUES PROVIDED IN14 DEPARTMENT OF LABOR AND INDUSTRY ADMINISTRATIVE RULES; PROHIBITING A GOVERNING BODY15 FROM INCLUDING CERTAIN BUILDING REGULATIONS IN SUBDIVISION REGULATIONS; REQUIRING THE16 DEPARTMENT OF LABOR AND INDUSTRY TO ADOPT RULES THAT IDENTIFY CONSTRUCTION17 TECHNIQUES TO MITIGATE FIRE HAZARDS; REQUIRING THE DEPARTMENT OF NATURAL RESOURCES18 AND CONSERVATION TO ADOPT RULES TO ADDRESS DEVELOPMENT IN THE WILDLAND-URBAN19 INTERFACE; REQUIRING THE DEPARTMENT OF LABOR AND INDUSTRY TO ADOPT RULES THAT20 IDENTIFY CONSTRUCTION TECHNIQUES TO MITIGATE FIRE HAZARDS; AND AMENDING SECTIONS21 76-1-601, 76-3-501, AND 76-3-504, 76-3-504, AND 76-13-109, MCA; AND PROVIDING AN IMMEDIATE22 EFFECTIVE DATE AND AN APPLICABILITY DATE."23 24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:25 (Refer to Introduced Bill)26 Strike everything after the enacting clause and insert:27 28 Section 1. Section 76-1-601, MCA, is amended to read:29 "76-1-601. Growth policy -- contents. (1) A growth policy may cover all or part of the jurisdictional area.30 273 60th Legislature SB0051.05 - 2 -Authorized Print Version - SB 51 (2) A growth policy must include the elements listed in subsection (3) by October 1, 2006. The extent1 to which a growth policy addresses the elements of a growth policy that are listed in subsection (3) is at the full2 discretion of the governing body.3 (3) A growth policy must include:4 (a) community goals and objectives;5 (b) maps and text describing an inventory of the existing characteristics and features of the jurisdictional6 area, including:7 (i) land uses;8 (ii) population;9 (iii) housing needs;10 (iv) economic conditions;11 (v) local services;12 (vi) public facilities;13 (vii) natural resources; and14 (viii) other characteristics and features proposed by the planning board and adopted by the governing15 bodies;16 (c) projected trends for the life of the growth policy for each of the following elements:17 (i) land use;18 (ii) population;19 (iii) housing needs;20 (iv) economic conditions;21 (v) local services;22 (vi) natural resources; and23 (vii) other elements proposed by the planning board and adopted by the governing bodies;24 (d) a description of policies, regulations, and other measures to be implemented in order to achieve the25 goals and objectives established pursuant to subsection (3)(a);26 (e) a strategy for development, maintenance, and replacement of public infrastructure, including drinking27 water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire protection facilities,28 roads, and bridges;29 (f) an implementation strategy that includes:30 274 60th Legislature SB0051.05 - 3 -Authorized Print Version - SB 51 (i) a timetable for implementing the growth policy;1 (ii) a list of conditions that will lead to a revision of the growth policy; and2 (iii) a timetable for reviewing the growth policy at least once every 5 years and revising the policy if3 necessary;4 (g) a statement of how the governing bodies will coordinate and cooperate with other jurisdictions that5 explains:6 (i) if a governing body is a city or town, how the governing body will coordinate and cooperate with the7 county in which the city or town is located on matters related to the growth policy;8 (ii) if a governing body is a county, how the governing body will coordinate and cooperate with cities and9 towns located within the county's boundaries on matters related to the growth policy;10 (h) a statement explaining how the governing bodies will:11 (i) define the criteria in 76-3-608(3)(a); and12 (ii) evaluate and make decisions regarding proposed subdivisions with respect to the criteria in13 76-3-608(3)(a); and14 (i) a statement explaining how public hearings regarding proposed subdivisions will be conducted; and15 (j) an evaluation of the potential for fire and wildland fire in the jurisdictional area, including whether or16 not there is a need to:17 (i) delineate the wildland-urban interface; and18 (ii) adopt regulations requiring:19 (A) defensible space around structures;20 (B) adequate ingress and egress to and from structures and developments to facilitate fire suppression21 activities; and22 (C) adequate water supply for fire protection.23 (4) A growth policy may:24 (a) include one or more neighborhood plans. A neighborhood plan must be consistent with the growth25 policy.26 (b) establish minimum criteria defining the jurisdictional area for a neighborhood plan;27 (c) address the criteria in 76-3-608(3)(a);28 (d) evaluate the effect of subdivision on the criteria in 76-3-608(3)(a);29 (e) describe zoning regulations that will be implemented to address the criteria in 76-3-608(3)(a); and30 275 60th Legislature SB0051.05 - 4 -Authorized Print Version - SB 51 (f) identify geographic areas where the governing body intends to authorize an exemption from review1 of the criteria in 76-3-608(3)(a) for proposed subdivisions pursuant to 76-3-608.2 (5) The planning board may propose and the governing bodies may adopt additional elements of a3 growth policy in order to fulfill the purpose of this chapter."4 5 Section 2. Section 76-3-501, MCA, is amended to read:6 "76-3-501. Local subdivision regulations. The governing body of every county, city, and town shall7 adopt and provide for the enforcement and administration of subdivision regulations reasonably providing for:8 (1) the orderly development of their jurisdictional areas;9 (2) the coordination of roads within subdivided land with other roads, both existing and planned;10 (3) the dedication of land for roadways and for public utility easements;11 (4) the improvement of roads;12 (5) the provision of adequate open spaces for travel, light, air, and recreation;13 (6) the provision of adequate transportation, water, and drainage;14 (7) subject to the provisions of 76-3-511, the regulation of sanitary facilities;15 (8) the avoidance or minimization of congestion; and16 (9) the avoidance of subdivisions that would involve unnecessary environmental degradation and danger17 of injury to health, safety, or welfare by reason of natural hazard, including but not limited to fire and wildland fire,18 or the lack of water, drainage, access, transportation, or other public services or that would necessitate an19 excessive expenditure of public funds for the supply of the services."20 21 Section 3. Section 76-3-504, MCA, is amended to read:22 "76-3-504. Subdivision regulations -- contents. (1) The subdivision regulations adopted under this23 chapter must, at a minimum:24 (a) list the materials that must be included in a subdivision application in order for the application to be25 determined to contain the required elements for the purposes of the review required in 76-3-604(1);26 (b) except as provided in 76-3-210, 76-3-509, or 76-3-609, require the subdivider to submit to the27 governing body an environmental assessment as prescribed in 76-3-603;28 (c) establish procedures consistent with this chapter for the submission and review of subdivision29 applications and amended applications;30 276 60th Legislature SB0051.05 - 5 -Authorized Print Version - SB 51 (d) prescribe the form and contents of preliminary plats and the documents to accompany final plats;1 (e) provide for the identification of areas that, because of natural or human-caused hazards, are2 unsuitable for subdivision development. and The regulations must prohibit subdivisions in these areas unless the3 hazards can be eliminated or overcome by approved construction techniques; or other mitigation measures.4 Approved construction techniques or other mitigation measures may not include building regulations as defined5 in 50-60-101 other than those identified by the department of labor and industry as provided in [section 5].6 (f) prohibit subdivisions for building purposes in areas located within the floodway of a flood of 100-year7 frequency, as defined by Title 76, chapter 5, or determined to be subject to flooding by the governing body;8 (g) prescribe standards for:9 (i) the design and arrangement of lots, streets, and roads;10 (ii) grading and drainage;11 (iii) subject to the provisions of 76-3-511, water supply and sewage and solid waste disposal that meet12 the:13 (A) regulations adopted by the department of environmental quality under 76-4-104 for subdivisions that14 will create one or more parcels containing less than 20 acres; and15 (B) standards provided in 76-3-604 and 76-3-622 for subdivisions that will create one or more parcels16 containing 20 acres or more and less than 160 acres; and17 (iv) the location and installation of public utilities;18 (h) provide procedures for the administration of the park and open-space requirements of this chapter;19 (i) provide for the review of subdivision applications by affected public utilities and those agencies of20 local, state, and federal government identified during the preapplication consultation conducted pursuant to21 subsection (1)(q) or those having a substantial interest in a proposed subdivision. A public utility or agency review22 may not delay the governing body's action on the application beyond the time limits specified in this chapter, and23 the failure of any agency to complete a review of an application may not be a basis for rejection of the application24 by the governing body.25 (j) when a subdivision creates parcels with lot sizes averaging less than 5 acres, require the subdivider26 to:27 (i) reserve all or a portion of the appropriation water rights owned by the owner of the land to be28 subdivided and transfer the water rights to a single entity for use by landowners within the subdivision who have29 a legal right to the water and reserve and sever any remaining surface water rights from the land;30 277 60th Legislature SB0051.05 - 6 -Authorized Print Version - SB 51 (ii) if the land to be subdivided is subject to a contract or interest in a public or private entity formed to1 provide the use of a water right on the subdivision lots, establish a landowner's water use agreement2 administered through a single entity that specifies administration and the rights and responsibilities of landowners3 within the subdivision who have a legal right and access to the water; or4 (iii) reserve and sever all surface water rights from the land;5 (k) (i) except as provided in subsection (1)(k)(ii), require the subdivider to establish ditch easements in6 the subdivision that:7 (A) are in locations of appropriate topographic characteristics and sufficient width to allow the physical8 placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of water for9 irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an10 irrigation district or other private or public entity formed to provide for the use of the water right on the subdivision11 lots;12 (B) are a sufficient distance from the centerline of the ditch to allow for construction, repair, maintenance,13 and inspection of the ditch; and14 (C) prohibit the placement of structures or the planting of vegetation other than grass within the ditch15 easement without the written permission of the ditch owner.16 (ii) Establishment of easements pursuant to this subsection (1)(k) is not required if:17 (A) the average lot size is 1 acre or less and the subdivider provides for disclosure, in a manner18 acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated19 land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable;20 or21 (B) the water rights are removed or the process has been initiated to remove the water rights from the22 subdivided land through an appropriate legal or administrative process and if the removal or intended removal23 is denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the24 subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall25 document that intent, when applicable, in agreements and legal documents for related sales transactions.26 (l) require the subdivider, unless otherwise provided for under separate written agreement or filed27 easement, to file and record ditch easements for unobstructed use and maintenance of existing water delivery28 ditches, pipelines, and facilities in the subdivision that are necessary to convey water through the subdivision to29 lands adjacent to or beyond the subdivision boundaries in quantities and in a manner that are consistent with30 278 60th Legislature SB0051.05 - 7 -Authorized Print Version - SB 51 historic and legal rights;1 (m) require the subdivider to describe, dimension, and show public utility easements in the subdivision2 on the final plat in their true and correct location. The public utility easements must be of sufficient width to allow3 the physical placement and unobstructed maintenance of public utility facilities for the provision of public utility4 services within the subdivision.5 (n) establish whether the governing body, its authorized agent or agency, or both will hold public6 hearings;7 (o) establish procedures describing how the governing body or its agent or agency will address8 information presented at the hearing or hearings held pursuant to 76-3-605 and 76-3-615;9 (p) establish criteria that the governing body or reviewing authority will use to determine whether a10 proposed method of disposition using the exemptions provided in 76-3-201 or 76-3-207 is an attempt to evade11 the requirements of this chapter. The regulations must provide for an appeals process to the governing body if12 the reviewing authority is not the governing body.13 (q) establish a preapplication process that:14 (i) allows a subdivider to meet with the agent or agency, other than the governing body, that is15 designated by the governing body to review subdivision applications prior to the subdivider submitting the16 application;17 (ii) requires, for informational purposes only, identification of the state laws, local regulations, and growth18 policy provisions, if a growth policy has been adopted, that may apply to the subdivision review process;19 (iii) requires a list to be made available to the subdivider of the public utilities, those agencies of local,20 state, and federal government, and any other entities that may be contacted for comment on the subdivision21 application and the timeframes that the public utilities, agencies, and other entities are given to respond. If, during22 the review of the application, the agent or agency designated by the governing body contacts a public utility,23 agency, or other entity that was not included on the list originally made available to the subdivider, the agent or24 agency shall notify the subdivider of the contact and the timeframe for response.25 (iv) requires that a preapplication meeting take place no more than 30 days from the date that the agent26 or agency receives a written request for a preapplication meeting from the subdivider; and27 (v) establishes a time limit after a preapplication meeting by which an application must be submitted as28 provided in 76-3-604.29 (2) In order to accomplish the purposes described in 76-3-501, the subdivision regulations adopted under30 279 60th Legislature SB0051.05 - 8 -Authorized Print Version - SB 51 76-3-509 and this section may include provisions that are consistent with this section that promote cluster1 development.2 (3) The governing body may establish deadlines for submittal of subdivision applications."3 4 SECTION 3. SECTION 76-3-504, MCA, IS AMENDED TO READ:5 "76-3-504. Subdivision regulations -- contents. (1) The subdivision regulations adopted under this6 chapter must, at a minimum:7 (a) list the materials that must be included in a subdivision application in order for the application to be8 determined to contain the required elements for the purposes of the review required in 76-3-604(1);9 (b) except as provided in 76-3-210, 76-3-509, or 76-3-609, require the subdivider to submit to the10 governing body an environmental assessment as prescribed in 76-3-603;11 (c) establish procedures consistent with this chapter for the submission and review of subdivision12 applications and amended applications;13 (d) prescribe the form and contents of preliminary plats and the documents to accompany final plats;14 (e) provide for the identification of areas that, because of natural or human-caused hazards, are15 unsuitable for subdivision development. and The regulations must prohibit subdivisions in these areas unless the16 hazards can be eliminated or overcome by approved construction techniques; or other mitigation measures17 authorized under 76-3-608(4) and (5). Approved construction techniques or other mitigation measures may not18 include building regulations as defined in 50-60-101 other than those identified by the department of labor and19 industry as provided in [section 5].20 (f) prohibit subdivisions for building purposes in areas located within the floodway of a flood of 100-year21 frequency, as defined by Title 76, chapter 5, or determined to be subject to flooding by the governing body;22 (g) prescribe standards for:23 (i) the design and arrangement of lots, streets, and roads;24 (ii) grading and drainage;25 (iii) subject to the provisions of 76-3-511, water supply and sewage and solid waste disposal that meet26 the:27 (A) regulations adopted by the department of environmental quality under 76-4-104 for subdivisions that28 will create one or more parcels containing less than 20 acres; and29 (B) standards provided in 76-3-604 and 76-3-622 for subdivisions that will create one or more parcels30 280 60th Legislature SB0051.05 - 9 -Authorized Print Version - SB 51 containing 20 acres or more and less than 160 acres; and1 (iv) the location and installation of public utilities;2 (h) provide procedures for the administration of the park and open-space requirements of this chapter;3 (i) provide for the review of subdivision applications by affected public utilities and those agencies of4 local, state, and federal government identified during the preapplication consultation conducted pursuant to5 subsection (1)(q) or those having a substantial interest in a proposed subdivision. A public utility or agency review6 may not delay the governing body's action on the application beyond the time limits specified in this chapter, and7 the failure of any agency to complete a review of an application may not be a basis for rejection of the application8 by the governing body.9 (j) when a subdivision creates parcels with lot sizes averaging less than 5 acres, require the subdivider10 to:11 (i) reserve all or a portion of the appropriation water rights owned by the owner of the land to be12 subdivided and transfer the water rights to a single entity for use by landowners within the subdivision who have13 a legal right to the water and reserve and sever any remaining surface water rights from the land;14 (ii) if the land to be subdivided is subject to a contract or interest in a public or private entity formed to15 provide the use of a water right on the subdivision lots, establish a landowner's water use agreement16 administered through a single entity that specifies administration and the rights and responsibilities of landowners17 within the subdivision who have a legal right and access to the water; or18 (iii) reserve and sever all surface water rights from the land;19 (k) (i) except as provided in subsection (1)(k)(ii), require the subdivider to establish ditch easements in20 the subdivision that:21 (A) are in locations of appropriate topographic characteristics and sufficient width to allow the physical22 placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of water for23 irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an24 irrigation district or other private or public entity formed to provide for the use of the water right on the subdivision25 lots;26 (B) are a sufficient distance from the centerline of the ditch to allow for construction, repair, maintenance,27 and inspection of the ditch; and28 (C) prohibit the placement of structures or the planting of vegetation other than grass within the ditch29 easement without the written permission of the ditch owner.30 281 60th Legislature SB0051.05 - 10 -Authorized Print Version - SB 51 (ii) Establishment of easements pursuant to this subsection (1)(k) is not required if:1 (A) the average lot size is 1 acre or less and the subdivider provides for disclosure, in a manner2 acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated3 land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable;4 or5 (B) the water rights are removed or the process has been initiated to remove the water rights from the6 subdivided land through an appropriate legal or administrative process and if the removal or intended removal7 is denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the8 subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall9 document that intent, when applicable, in agreements and legal documents for related sales transactions.10 (l) require the subdivider, unless otherwise provided for under separate written agreement or filed11 easement, to file and record ditch easements for unobstructed use and maintenance of existing water delivery12 ditches, pipelines, and facilities in the subdivision that are necessary to convey water through the subdivision to13 lands adjacent to or beyond the subdivision boundaries in quantities and in a manner that are consistent with14 historic and legal rights;15 (m) require the subdivider to describe, dimension, and show public utility easements in the subdivision16 on the final plat in their true and correct location. The public utility easements must be of sufficient width to allow17 the physical placement and unobstructed maintenance of public utility facilities for the provision of public utility18 services within the subdivision.19 (n) establish whether the governing body, its authorized agent or agency, or both will hold public20 hearings;21 (o) establish procedures describing how the governing body or its agent or agency will address22 information presented at the hearing or hearings held pursuant to 76-3-605 and 76-3-615;23 (p) establish criteria that the governing body or reviewing authority will use to determine whether a24 proposed method of disposition using the exemptions provided in 76-3-201 or 76-3-207 is an attempt to evade25 the requirements of this chapter. The regulations must provide for an appeals process to the governing body if26 the reviewing authority is not the governing body.27 (q) establish a preapplication process that:28 (i) allows a subdivider to meet with the agent or agency, other than the governing body, that is29 designated by the governing body to review subdivision applications prior to the subdivider submitting the30 282 60th Legislature SB0051.05 - 11 -Authorized Print Version - SB 51 application;1 (ii) requires, for informational purposes only, identification of the state laws, local regulations, and growth2 policy provisions, if a growth policy has been adopted, that may apply to the subdivision review process;3 (iii) requires a list to be made available to the subdivider of the public utilities, those agencies of local,4 state, and federal government, and any other entities that may be contacted for comment on the subdivision5 application and the timeframes that the public utilities, agencies, and other entities are given to respond. If, during6 the review of the application, the agent or agency designated by the governing body contacts a public utility,7 agency, or other entity that was not included on the list originally made available to the subdivider, the agent or8 agency shall notify the subdivider of the contact and the timeframe for response.9 (iv) requires that a preapplication meeting take place no more than 30 days from the date that the agent10 or agency receives a written request for a preapplication meeting from the subdivider; and11 (v) establishes a time limit after a preapplication meeting by which an application must be submitted as12 provided in 76-3-604.13 (2) In order to accomplish the purposes described in 76-3-501, the subdivision regulations adopted under14 76-3-509 and this section may include provisions that are consistent with this section that promote cluster15 development.16 (3) The governing body may establish deadlines for submittal of subdivision applications."17 18 Section 4. Section 76-13-109, MCA, is amended to read:19 "76-13-109. Rules. (1) The department may adopt and enforce reasonable rules for the purpose of20 enforcing and accomplishing the provisions and purposes of this part and part 2.21 (2) By October 1, 2008 2009, the department shall adopt rules addressing development within the22 wildland-urban interface, including but not limited to:23 (a) best practices for development within the wildland-urban interface; and24 (b) criteria for providing grant and loan assistance to local government entities to encourage adoption25 of best practices for development within the wildland-urban interface; AND26 (C) IDENTIFICATION OF ENFORCEMENT MECHANISMS.27 (3) RULES PROMULGATED UNDER SUBSECTION (2) MAY BE ENFORCED ONLY BY A LOCAL GOVERNMENT BODY AS28 PROVIDED IN TITLE 76."29 30 283 60th Legislature SB0051.05 - 12 -Authorized Print Version - SB 51 NEW SECTION. Section 5. Purpose -- rulemaking. (1) The purpose of [sections 5 and 6] is to provide1 specific rulemaking authority to the department of labor and industry for the purposes of 76-3-504(1)(e).2 (2) By October 1, 2008, the department shall adopt rules identifying appropriate construction techniques3 that may be used by a local government in mitigation of identified fire hazards pursuant to 76-3-504(1)(e). Rules4 adopted under this section may not be construed to be part of the state building code as provided in 50-60-203.5 The adoption, amendment, or repeal of a rule under this section is of significant public interest for the purposes6 of 2-3-103.7 8 NEW SECTION. Section 6. Enforcement. Rules promulgated under [section 5] may be enforced only9 as provided in Title 76, chapter 3, part 5. The powers and duties for enforcement provided in 76-3-501 apply to10 rules adopted under [section 5] and do not apply to or include any rules adopted under Title 50, chapter 60, parts11 1 through 8. 12 13 NEW SECTION. Section 7. Codification instruction. [Sections 5 and 6] are intended to be codified14 as an integral part of Title 50, chapter 60, and the provisions of Title 50, chapter 60, apply to [sections 5 and 6].15 16 NEW SECTION. SECTION 5. PURPOSE -- RULEMAKING. (1) THE PURPOSE OF [SECTIONS 5 AND 6] IS TO17 PROVIDE SPECIFIC RULEMAKING AUTHORITY TO THE DEPARTMENT OF LABOR AND INDUSTRY FOR THE PURPOSES OF18 76-3-504(1)(E).19 (2) BY OCTOBER 1, 2008 2009, THE DEPARTMENT SHALL ADOPT RULES IDENTIFYING APPROPRIATE20 CONSTRUCTION TECHNIQUES THAT MAY BE USED BY A LOCAL GOVERNMENT IN MITIGATION OF IDENTIFIED FIRE HAZARDS21 PURSUANT TO 76-3-504(1)(E). RULES ADOPTED UNDER THIS SECTION MAY NOT BE CONSTRUED TO BE PART OF THE STATE22 BUILDING CODE AS PROVIDED IN 50-60-203. THE ADOPTION, AMENDMENT, OR REPEAL OF A RULE UNDER THIS SECTION23 IS OF SIGNIFICANT PUBLIC INTEREST FOR THE PURPOSES OF 2-3-103.24 25 NEW SECTION. SECTION 6. ENFORCEMENT. RULES PROMULGATED UNDER [SECTION 5] MAY BE ENFORCED26 ONLY AS PROVIDED IN TITLE 76, CHAPTER 3, PART 5. THE POWERS AND DUTIES FOR ENFORCEMENT PROVIDED IN 76-3-50127 APPLY TO RULES ADOPTED UNDER [SECTION 5] AND DO NOT APPLY TO OR INCLUDE ANY RULES ADOPTED UNDER TITLE 50,28 CHAPTER 60, PARTS 1 THROUGH 8.29 30 284 60th Legislature SB0051.05 - 13 -Authorized Print Version - SB 51 NEW SECTION. SECTION 7. CODIFICATION INSTRUCTION. [SECTIONS 5 AND 6] ARE INTENDED TO BE CODIFIED1 AS AN INTEGRAL PART OF TITLE 50, CHAPTER 60, AND THE PROVISIONS OF TITLE 50, CHAPTER 60, APPLY TO [SECTIONS2 5 AND 6].3 4 NEW SECTION. Section 8. Effective date -- applicability. [This act] is effective on passage and5 approval and applies on or after October 1, 2008 2009.6 - END -7 285