Over the course of the last year, Planning Division staff along with County Legal, County Public Works and Billings Urban Fire Service Area (BUFSA) staff have been working to prepare County subdivision regulation amendments. First and foremost, the purpose of amending the regulations is to be in compliance with legislative changes that occurred in the 2017 Legislative Session. Staff also took this opportunity to coordinate with county departments on a handful of other proposed changes to provide more clarification and consistency with already adopted practices and regulations. They are described in the Background section below. The Planning Board is scheduled to discuss these proposed amendments at this meeting and is scheduled to consider the amendments and hold a public hearing before making a recommendation to the Board of County Commissioners on January 8, 2019.

In 2017, amendments were made to the Subdivision and Platting Act by the Montana Legislature. Specifically, Montana Code Annotated (MCA) 76-3-617 Phased Developments and 76-3-611 Review of Final Plat were affected. The 2017 legislative updates require changes to Yellowstone County's locally adopted Subdivision Regulations. Since the regulations required review, staff took the opportunity to prepare a handful of other changes that either clarify practices or bring them into conformance with other existing practices, procedures and adopted regulations.  These changes range from defining proportionate reimbursement for both dry and pressurized hydrants, lowering the threshold of trips per day which trigger traffic studies, and establishing the number of dwelling units which can be on a dead-end road to be in compliance with the International Fire Code. A summary of proposed changes is provided below:

• Defining proportionate reimbursement of hydrants (both dry and pressurized). The proposed regulations now establish a formula for proportional reimbursement for those new developments who utilize an already existing hydrant system within one half road mile. Generally speaking, all subdivisions that utilize a hydrant will contribute equally towards the cost of the system. (Page 69)
• Clarify that the use of a secondary emergency access will require a variance request. (Page 45)
• Clarify allowable dwelling units on dead-end roads to meet and be consistent with International Fire Code (IFC). The IFC allows for 30 single family dwellings to be located on a dead-end road or 100 multi-family units. Dead-end roads cannot exceed 1,000 feet per our existing regulations. (Page 43)
• Clarify language for access/site plan requirements for approach permits, including adding language in the Subdivision Improvement Agreement. (Page 145)
• Lowering traffic study threshold changes based on type of subdivision (residential, commercial, industrial) and based on type of access (gravel or paved). (Page 49)
• Clarify how long bonds are in place and when they are required to be updated. (Page 74-75)
• Minor changes, than clean up or clarify but do not have substantive impact on the existing regulations
• Removal of application and fee schedules from regulations. (See appendices)

Proposed process for adoption:

• December 10th  – Board of County Commissioner Discussion
• December 11^th – Planning Board Introduction & Discussion
• January 8^th – Planning Board Public Hearing
• January 29^th – BOCC Hearing and Adoption

There should not be a direct financial impact to the County as a result of these proposed amendments. However, the proportionate reimbursement pressurized systems will provide a financial benefit to the fire department servicing the subdivision. These funds, which will be administered by the Board of County Commissioners, will aid in buying equipment for fire suppression activities.

Staff recommends that the Board of Planning review the proposed changes, provide feedback, and set a public hearing date for January 8, 2018.