Subdivision Improvements and Dedications

Purpose. This chapter sets the public-improvement installation requirements, the financial-security alternatives where installation precedes final plat acceptance, and the dedication procedures through which rights-of-way, easements, and parkland transfer to the City as part of subdivision approval. The chapter implements Title 76, chapter 25, MCA, Part 4 (subdivision review) and 76-3-621 (parkland dedication) by carrying forward the operational mechanics the chapter-25 framework expects to be in place.

Applicability. This chapter applies to every subdivision subject to subdivision review under Chapter 3 — major subdivisions, administrative minor subdivisions, and any amended plat that creates new public improvements or new dedications. The chapter does not apply to lot-line adjustments or other land-use actions that do not create public-improvement obligations or dedications.

Coordination with Chapter 5. Chapter 5 (Subdivision Design and Public Realm) establishes the substantive design standards a subdivision must meet. Chapter 6 establishes how the public improvements implementing those design standards are installed, secured, and dedicated. The two chapters operate together; a subdivision must meet both.

Coordination with the Engineering Standards. The Engineering Standards specify the construction details of the public improvements this chapter requires. The Engineering Standards' specifications, plan-approval procedures, inspection procedures, and acceptance procedures govern the technical execution of the improvements; this chapter governs when the installation happens relative to final plat and how the security mechanisms work where installation does not precede final plat.

Improvements that must be installed. The following public improvements must be installed in conformance with the Engineering Standards before final plat approval, except as Sections 11-6-3 and 11-6-4 provide for alternatives

Exception for high-capacity electrical lines. The undergrounding requirement in subsection A(8) does not apply to a main electric feeder line capable of conveying two thousand kVA or more.

Bond or security in lieu of completion. In lieu of completion of construction of the public improvements listed in Section 11-6-2 before final plat approval, the subdivider may provide a bond or other reasonable security in an amount and with surety and conditions satisfactory to the City. The security must provide for and secure the construction and installation of the required improvements within eighteen months of final plat approval.

Time extensions. The City Commission may extend the eighteen-month period on a showing of good cause, provided the bond or other security is also extended.

Incremental release. The amount of the bond or security may be reduced in accordance with completion and final City acceptance of portions of the required improvements.

Subdivision improvements agreement. In lieu of requiring a bond or other security, the City may enter into a subdivision improvements agreement with the subdivider that provides for an incremental payment plan, a guarantee plan, or another method of completing the improvements to serve the development as set forth in the preliminary plat approval.

Limitations. The security alternatives in this section do not apply to the public-health-and-safety improvements listed in Section 11-6-4, which must be installed and obtain interim acceptance before final plat regardless of the security alternative available for other improvements.

Health-and-safety improvements. The following public improvements, necessary to protect public health and safety, must be installed in accordance with City-approved plans and must obtain interim acceptance (as defined in the Engineering Standards) before City Commission approval of a final plat, regardless of any bond, other security, or subdivision improvements agreement otherwise available under Section 11-6-3

Additional health-and-safety improvements. The City Commission may, at preliminary plat review, require additional public improvements listed in Section 11-6-2 to be installed and completed before final plat where the Commission finds that installation before filing the final plat is necessary to protect public health and safety.

Security for remaining improvements. Public improvements not identified in subsection A and not required by subsection B may be secured by bond, other security, or a subdivision improvements agreement under Section 11-6-3.

Plan approval. Approval of the construction plans and specifications for the public improvements must be obtained before installation of the improvements or before entering into an agreement under Section 11-6-3 where security is to be provided. The plan approval procedure is in the Engineering Standards.

Park and trail improvements. Plans and specifications related to park and public trail improvements must be submitted to the Parks Division for review and approval, in accordance with Chapter 5 Section 11-5-6 and the Engineering Standards' parks-and-trails provisions.

Landscaping and irrigation. Plans and specifications related to landscaping and irrigation must conform to the most recent version of the Engineering Standards and the Landscaping chapter of this UDO.

Sequencing for preliminary-plat approval. After preliminary plat approval and before final plat submittal, the developer must either install the required improvements in accordance with the approved plans or enter into an agreement under Section 11-6-3 securing the installation and performance of the improvements.

Sequencing for site-plan approval. After a final site plan is approved and before final routing review for occupancy of any buildings, the developer must either install the required improvements or enter into an agreement under Section 11-6-3 securing installation and performance.

Capital facility extension. The City may require a subdivider to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including public roads, sewer lines, water supply lines, and storm drains, to a subdivision.

Statutory basis. This section implements the City's authority under 76-25-410, MCA, and the related provisions of Title 76, chapter 25, Part 4, MCA.

Method of payment. The payment or guarantee may take the form of cash, a bond, a letter of credit, or another reasonable security acceptable to the City. The amount and form are set at preliminary plat approval and may be adjusted at final plat to reflect actual extension costs.

Final acceptance. Final City acceptance of a public improvement occurs when the improvement has been completed in accordance with the approved construction plans, has passed all required inspections, and the City has issued written acceptance under the Engineering Standards' acceptance procedure.

Effect of final acceptance. Final acceptance transfers the responsibility for maintenance and operation of the public improvement from the developer to the City, subject to any warranty period specified in the Engineering Standards.

Warranty period. The Engineering Standards specify the warranty period and warranty terms applicable to public improvements after final acceptance. During the warranty period, defects in the improvement traceable to construction or materials remain the developer's responsibility.

Release of security. The bond or other security under Section 11-6-3 is released, in full or in part, on final acceptance of the corresponding improvement, in accordance with the incremental-release provision of Section 11-6-3(C).

Required dedication. Every public street, alley, and other public right-of-way shown on the approved final plat must be dedicated to the City as part of the final plat. The dedication is effective on filing the final plat with the County Clerk and Recorder.

Form of dedication. The dedication is in fee simple unless the City accepts a different form (such as a public access easement) where the different form serves the City's interest. The dedication language is stated on the final plat in the form the Engineering Standards specify.

Acceptance. The City Commission accepts the dedication as part of final plat approval under Chapter 3 Section 11-3-14. Acceptance does not become effective until both the City Commission's final plat approval and the filing of the plat with the County Clerk and Recorder have occurred.

Required easements. Easements for water mains, wastewater mains, stormwater facilities, dry utility distribution, drainage, and other purposes necessary to serve the subdivision must be dedicated to the City as part of the final plat, in accordance with the easement requirements of Chapter 5 Section 11-5-7 and the Engineering Standards.

Form of dedication. Easements are dedicated by the easement language stated on the final plat and recorded in conjunction with the plat.

Cross-access easements. Cross-access easements required under Chapter 5 Section 11-5-7(C) are dedicated either to the City or to the benefit of the affected adjacent lots, as the Planning Administrator specifies at preliminary plat approval.

Cross-reference. The substantive parkland-dedication requirements are in Chapter 5 Section 11-5-6, including the calculation of required parkland under 76-3-621, MCA, the parkland-configuration standards, and the cash-in-lieu authority.

Dedication mechanics. Where parkland is dedicated as part of subdivision approval, the dedication is shown on the final plat with the dedication language the Engineering Standards specify. The dedicated parkland is accepted by the City as part of final plat approval.

Cash-in-lieu mechanics. Where cash-in-lieu of parkland dedication is accepted under Chapter 5 Section 11-5-6(C), the payment is made to the City before final plat approval. The cash-in-lieu is deposited in the City's parkland fund and used in accordance with the City's parkland policy.

Improvements to dedicated parkland. Parkland improvements required as a condition of subdivision approval are installed in accordance with the Parks Division's specifications and the Engineering Standards' parks-and-trails provisions, and are subject to the installation alternatives and security provisions of this chapter on the same basis as other public improvements.

Records of accepted improvements. The Community Development Department maintains, in coordination with the Engineering and Parks Divisions, a record of the public improvements accepted under this chapter, including the date of acceptance, the warranty period, and the security released. The record is part of the subdivision's permanent file.

Ongoing operation. After final acceptance and after the warranty period, the City operates and maintains the public improvements in accordance with the City's standard operating practices for the improvement type.

Subsequent modifications. Modifications to public improvements after dedication and acceptance — widening a street, replacing a stormwater facility, abandoning a right-of-way — are not within the scope of this chapter and are handled under the City's other applicable procedures.