Montana Code 76-3-509. Local option cluster development regulations and exemptions authorized
76-3-509. Local option cluster development regulations and exemptions authorized. (1) If the governing body has adopted a growth policy that meets the requirements of 76-1-601, the governing body may adopt regulations to promote cluster development and preserve open space under this section.
Terms Used In Montana Code 76-3-509
- Cluster development: means a subdivision with lots clustered in a group of five or more lots that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities, while allowing other lands to remain undeveloped. See Montana Code 76-3-103
- Dedication: means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted. See Montana Code 76-3-103
- Division of land: means the segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to this chapter. See Montana Code 76-3-103
- Governing body: means a board of county commissioners or the governing authority of a city or town organized pursuant to law. See Montana Code 76-3-103
- Plat: means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. See Montana Code 76-3-103
- Subdivision: means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. See Montana Code 76-3-103
(2)Regulations adopted under this section must:
(a)establish a maximum size for each parcel in a cluster development;
(b)subject to subsection (3)(d), establish a maximum number of parcels in a cluster development; and
(c)establish requirements, including a minimum size for the area to be preserved, for preservation of open space as a condition of approval of a cluster development subdivision under regulations adopted pursuant to this section. Land protected as open space on a long-term basis must be identified on the final subdivision plat, and the plat must include a copy of or a recording reference to the irrevocable covenant prohibiting further subdivision, division, or development of the open space lots or parcels, as provided in Title 70, chapter 17, part 2.
(3)Regulations adopted under this section may:
(a)establish a shorter timeframe for review of proposed cluster developments;
(b)establish procedures and requirements that provide an incentive for cluster development subdivisions that are consistent with the provisions of this chapter;
(c)authorize the review of a division of land that involves more than one existing parcel as one subdivision proposal for the purposes of creating a cluster development;
(d)authorize the creation of one clustered parcel for each existing parcel that is reviewed as provided in subsection (3)(c); and
(e)establish exemptions from the following:
(i)the requirements of an environmental assessment pursuant to 76-3-603;
(ii)review of the criteria in 76-3-608(3)(a); and
(iii)park dedication requirements pursuant to 76-3-621.
(4)Except as provided in this section, the provisions of this chapter apply to cluster development subdivisions.