Belgrade Subdivision Regulations - Appendices

1. General. The following represent the general format for the certificates to be shown on plats. Other certificates than those shown may be required by the City Council, when deemed appropriate. A corporate notary shall be used in place of an individual notary when appropriate.
2. Dedication or Consent. All parts of subdivisions must contain a Certificate of Dedication or Certificate of Consent. In the case of corporate ownership, the proper corporation officers must sign, corporate notary form must be used and the corporate seal must be affixed. The certificate shall read as follows

Certificate of Dedication

(I), (We), the undersigned property owner(s), do hereby certify that (I), (We), have caused to be surveyed, subdivided and platted into lots, parcels, blocks, roads (streets) and alleys, and other divisions and dedications, as shown by this plat hereunto included, the following described tract of land, to wit:

Description

(Exterior boundary description of Area Contained

in Plat and Total Acreage)

the above described tract of land is to be know and designated as _____________________________________, City of Belgrade, Gallatin County, Montana; and the lands included in all roads, avenues, alleys, and parks or public squares shown on said plat are hereby granted and donated to the use of the public forever.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

(Typed or Printed Name of Each Owner)

(Notary)

Certificate of Consent

(I), (We), the undersigned property owner(s), do hereby certify that (I), (We), caused to be surveyed, subdivided and platted into lots, parcels, blocks, roads, and alleys, and other divisions and dedications, as shown by this plat hereunto included, the following described tract of land, to wit:

Description

(Exterior Boundary Description of Area Contained

in Plat and Total Acreage)

The above described tract of land is to be known and designated as ______________________________, City of Belgrade, Gallatin County, Montana.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

(Typed or Printed Name of Each Owner)

(Notary)

C. Mortgagee. In those cases where the area being platted on the plat of subdivision is subject to any liens, mortgages, claims, or other encumbrances by party(ies) or other owner(s) the following certificate shall also be required:

Consent of Mortgagee(s)

(I), (We), the undersigned mortgagee(s), do hereby join in and consent to the described plat, releasing our respective liens, claims or encumbrances as to any portion of said lands now being platted into roads, avenues, parks or other public uses and dedicated to the use of the public forever.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

(Typed or Printed Name of Each Owner)

(Notary or Corporate Notary)

D. Cash-in-lieu of Park. Where the park requirements are being waived in lieu of cash, plats of subdivision shall show the following certificates:

Certificate Accepting Cash-in-Lieu of Park Dedication

In as much as dedication of park land within the platted area of (Subdivision Name) would be undesirable for park and playground purposes, it is hereby ordered by the City of Belgrade, Gallatin County, Montana, that land dedication for park purposes be waived and that cash-in-lieu, to the amount of _______ dollars, be accepted in accordance with the provisions of the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, MC., and the Gallatin County Subdivision Regulations.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

(Mayor, City of Belgrade)

E. Surveyor. All plats of subdivision shall contain a Certificate of Surveyor and shall read as follows

Certificate of Surveyor

I, the undersigned, (Type or Print Name), (Registered Land Surveyor), do hereby certify that between ___________, 19___, and ____________________, 19_____, I surveyed (Name of Subdivision),_________, and described the same as shown on the accompanying plat and platted in accordance with the provisions of the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, MCA, and the Belgrade City Subdivision Regulations.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

(Printed or Typed Name)

Registration Number

(Seal of Surveyor)

F. Improvements. Where improvements are to be installed prior to final plat approval, the plat of subdivision shall contain a Certificate of Completion of Public Improvements (to be submitted with application for approval of final subdivision plat). The certificate shall read as follows:

Certificate of Completion

(I), (Name of Subdivider), and I, (Name of Subdivider's Registered Engineer), a registered professional engineer licensed to practice in the State of Montana, hereby certify that the public improvements, required as a condition of approval of (Name of Subdivision), have been installed in conformance with the approved engineering specifications and plans.

(Signature of Subdivider)________________________________________ (Date) _______________

(Signature of Professional Engineer) ______________________________ (Date) _______________

Registration Number (Engineer's Seal)

G. City Council. The City Council shall certify approval of the plat of subdivision. Said certificate shall read as follows:

Certificate of County Commissioners

I, Mayor of the City of Belgrade, Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and have found the same to conform to the law, approve it, and hereby accept the dedication to public use.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

(Mayor, City of Belgrade)

H. County Treasurer. All final subdivision plats shall show the following Certificate of County Treasurer:

Certificate of County Treasurer

I, (Name of County Treasurer), Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

Treasurer of Gallatin County

I. Clerk and Recorder. All plats shall show the following Certificate of Clerk and Recorder:

Certificate of Clerk and Recorder

I, (Name of Clerk and Recorder), Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at ______ o'clock, (a.m., or p.m.), this _______ day of ______________________, A.D., 19____, and recorded in Book _____________, of Plats on Page _______________, Records of the Clerk and Recorder, Gallatin County, Montana.

(Signature)

____________________________________

Clerk and Recorder

J. Exemption Certificates. The following represents examples of certificates to be used on certificates of surveys for the following types of exemptions: relocation of common boundaries, land gift or sale to family member, agricultural exemption, and security for construction.

Certificate of Exemption

(Relocation of Common Boundary)

We certify that the purpose of this survey is to relocate common boundaries between adjoining properties. Therefore this survey is exempt from review as a subdivision pursuant to Section 76-3-207(1)(a), MCA.

DATED this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

Property Owner(s)

Certificate of Exemption

(Family Gift or Sale)

I certify that the purpose of this survey is to create Tract for transfer of ownership as a family gift or sale and that no prior family sale has been conveyed to and that this exemption complies with all conditions imposed on its use. Therefore this survey is exempt from review as a subdivision pursuant to Section 76-3-207(1)(b), MCA, and the Belgrade City Subdivision Regulations.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

Property Owner(s)

Certificate of Exemption

(for Agricultural Purposes)

I certify that the purpose of this survey is to create Tract for gift or sale, which is to be used for agricultural purposes only, and that this exemption complies with all conditions imposed on its use. Therefore, this survey is exempt from review as a subdivision pursuant to Section 76-3-207(1)(c), MCA and the Belgrade City Subdivision Regulations.

I also hereby enter a covenant, to run with the land, that Tract as shown hereon, will be used exclusively for agricultural purposes only. No building or structure requiring water or sewer facilities shall be utilized on Tract. This covenant is revocable only by the mutual consent of the governing body and the property owner.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

Property Owner(s)

Certificate of Exemption

(Security for Construction)

I certify that the purpose of this survey is to create a parcel of land to provide security for construction or mortgage loan purposes and that this exemption complies with all conditions imposed on its use. Therefore, this survey is exempt from review as a subdivision pursuant to Section 76-3-201(2) MCA of the Subdivision and Platting Act and from review by the Montana Department of Environmental Quality (16.16.605(1)(b).

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

Property Owner(s)

K. Exemption Certificates. If the exemption is allowed, the City shall so certify in a printed certificate on the certificate of survey.

I, City Manager of the City of Belgrade, do hereby certify that the use of the exemption claimed on the accompanying Certificate of Survey has been duly reviewed, and has been found to conform to the requirements of the Subdivision and Platting Act, Section 76-3-101 et. seq. MCA, and the Belgrade City Subdivision Regulations.

Dated this ________________ day of ________________, A.D., 19 _____.

(Signature)

____________________________________

City Manager

1. General. When required, the following documents shall be submitted in draft form with the preliminary plat and signed and notarized with the final plat.
2. Property Owner's Association. If common property is to be deeded to the property owners association or similar instrument, the covenants and restrictions set up to govern such an association shall include as a minimum:
   1. Membership: Automatic and mandatory membership for each property or unit buyer and any subsequent buyer.
   2. Perpetual Reservation: Perpetual reservation and limited use of common property.
   3. Right to Use: The right of each property or unit owner to use and enjoyment of any common property or facility.
   4. Responsibility: Responsibility for liability insurance, any applicable tax assessments and the maintenance of any common property or facilities to be placed in the association.
   5. Assessments: Assessments which require each property or unit owner to pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels. Safeguards against unreasonably high charges and provision to adjust assessments may be provided.

1. Uniform Standards for Monumentation and Filing Requirements. The following standards shall govern monumentation of land surveys:
   1. All permanent control monuments or monuments set to control or mark the boundaries of any division shall be of not less than one-half inch diameter by twenty four inches in length with a cap of not less than one and one-quarter inch diameter marked in a permanent manner with the name and/or registration number of the registered land surveyor in charge of the survey. A cap of the above dimensions may be set firmly in concrete.
   2. Prior to the filing of any subdivision plat or certificate of survey or record the land surveyor shall confirm the location of sufficient monuments to reasonably assure the perpetuation or re-establishment of any corner or boundary or retracement of the survey. The surveyor shall clearly identify on the face of the plat or certificate of survey all monuments used in the survey, and the descriptions shall be sufficient to identify the monuments without reference to another record of survey.
   3. All monuments must be set prior to the filing of a plat or certificate of survey except those monuments which will be disturbed by the installation of improvements. Such monuments may be set subsequent to filing if the surveyor certifies that they will be set before a specified date.
   4. The plat or certificate shall clearly show the relationship of all adjacent monuments of record and the relationship of the monuments of record to monuments set after filing.
   5. Monuments not less than three-eights inch in diameter and eighteen inches in length and marked with the name and/or registration number of the registered land surveyor in charge of the survey shall be set at the following locations:
      1. At each corner and angle point of all lots, blocks or parcels of land created.
      2. At every point of intersection of the outer boundary of the subdivision with an existing or created right-of-way line.
      3. At every point of curve, point of tangency, point of reversed curve, or point of compounded curve on each right-of-way line established.
   6. When the placement of a required monument at its proper location is impractical, the surveyor may set a reference monument near that point. Such a reference monument has the same status as other monuments of record if its location is properly shown. Where any point requiring monumentation has been previously monumented, the location of the existing monument shall be confirmed by the land surveyor if used, and if so confirmed shall likewise be considered a monument or record when properly shown and described on the certificate or plat filed.
   7. If the land surveyor uses any previously established monument, he must confirm the location of the monument. If properly confirmed and shown and described on the filed certificate or plat, such a monument shall be considered a monument of record.

To maintain uniformity with subdivisions outside the City Limits that are reviewed by the Belgrade City-County Planning Board, the fees charged for review of applications under the City of Belgrade Subdivision Regulations shall be the same as the current Gallatin County Planning Department Fee Schedule. A copy of the fee schedule is available from the Planning Office.