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City Council Public Hearing Draft (4/30/2010) 6/23/2010 PAZ amendments City Subdivision Regulation Revisions - 2010 Summary of PAZ amendments 1. Section 1-120 Appeals (pg 1-4) Strike “business” from the regulation: 1-120 Appeals A decision of the city council rejecting or approving a proposed subdivision plat may be appealed to the district court within 30 business days of the date that such decision is issued in writing. The application must specify the grounds upon which the appeal is made. An appeal may be made by the subdivider, a contiguous landowner, an owner of land within the City of Missoula who can establish a likelihood of material injury to property or its value, the city council, or the county commissioners. In order to file an appeal, the plaintiff must be aggrieved by the decision, demonstrating that a specific personal and legal interest, as opposed to a general interest has been or is likely to be specifically and injuriously affected by the decision. 2. Section 2-010.2.B Computation of Time (pg 2-1) Make the following revision: 2.b. The time in which an act is required to be completed is computed by excluding the first day and including the last day. When counting calendar days, if the last day is a Saturday, Sunday, or holiday observed by the city, that day is excluded. 3. Section 2-010.2.C Computation of Time (pg 2-1) Strike “(5:00 from the regulation: C. Unless otherwise expressly stated, a day concludes at the close of business, and any materials received after that time will be considered to have been received the following day. 4. Section 2-010.6 Current Versions and Citations (pg 2-2) Strike “or” from the statement: .6 Current Versions and Citations All references to other city, county, state, or federal regulations in these regulations refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations requirements for compliance are no longer in effect. 5. Section 2-020: Definitions Add a definition for “irrigation ditch” and renumber accordingly. .61 Irrigation Ditch Human-made feature that carries only irrigation water to or away from the irrigated lands. 6. Section 2-020: Definitions .101 Riparian Resource (pg 2-24) Add the following sentence to the end of the definition: .101 Riparian Resource A stream, wet meadow, woody draw, wetland or other body of water and land containing any of the habitat or community types listed in Exhibit 5. An irrigation ditch that does not lie within a floodplain, and measures less Deleted: (5:00 p.m.) Deleted: or ---PAGE BREAK--- City Council Public Hearing Draft (4/30/2010) 6/23/2010 PAZ amendments than 3 feet in width at its widest point on the subject property, as measured from the high watermark of the ditch, is not considered a riparian resource for the purpose of these subdivision regulations. Note: The additional modifications to the above statement (shown in red) are the recommendations of the consultant to propose appropriate technical writing for this regulation and do not change the intent of the statement. 7. Section 3-130 Riparian Resource Areas (pg 3-39) Make the following revisions to Section .6 Road Construction, and .6A, .6B, and .6G: 3-130.6 Road Construction Road construction is prohibited within riparian resource areas except in cases when there is no other practical route to access the subdivision; when it is necessary to provide emergency vehicle access to adjacent parcels; or when crossing an irrigation ditch. Road construction for any other reason is prohibited in riparian resource areas unless a variance is approved in accordance with 3-130.8. If road construction is allowed in accordance with this section, the following regulations apply and must be addressed in the riparian re-source management plan: A. all crossings of riparian resources must occur at a perpendicular angle and in such a manner as to minimize the number of crossings and minimize disturbance of the riparian resource area; B. the intentional sidecasting of road material into a riparian resource during road construction or maintenance is prohibited; C. routes must be chosen based on the avoidance of negative impact to riparian vegetation and sensitive environmental conditions; D. roads may not be constructed in areas where soils have a high susceptibility of erosion that would create sedimentation and pollution problems during and after construction; E. roads may not intrude into areas adjacent to open exposures of water, and must avoid scenic intrusion by using the existing contours for the road alignment and minimizing the use of fill; F. effective erosion and sedimentation control practices must be conducted during all clearing, construction or reconstruction operations; and G. road fill material may not be deposited in the riparian resource area in such a location or manner as to cause adverse impacts in the riparian resource area. 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