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1 RIVER ROAD MEADOWS SUBDIVISION AMENDED CONDITIONS OF SUBDIVISION APPROVAL June 4, 2010 Roads 1. Plans for installation of curb and gutter and paving the portion of River Road adjacent to this subdivision to an 18 foot width from back of curb to centerline of right-of-way shall be reviewed and approved by the City Engineer prior to Phase One final plat approval. 2. Plans for installation of curb and gutter and paving the on-site private road to a 24 foot width from back of curb to back of curb from River Road to the point where the road serves only two lots, including bridge design over the irrigation ditch and a turnaround at the terminus of the private road shall be reviewed and approved by the City Engineer, the City of Missoula Fire Department and the Orchard Homes Irrigation Ditch Company prior to Phase One final plat approval. 3. The subdivider shall add a one foot no-access strip along the southern boundary of Lot 1 adjacent to River Road east of the private access easement for the on-site road prior to Phase One final plat approval. 4. The shared driveway serving Lots 2 & 3 shall be paved to a surface width of 12 feet within the 30 foot private access easement with a 20 foot unobstructed width, 13’-6” unobstructed vertical clearance, and a turnaround for fire apparatus provided at the terminus of driveways in excess of 150 feet in length. The shared driveway serving Lots 2 and 3 shall be installed to the northern boundary of Lot 1 and a physical barrier shall be placed at the end of the paved driveway subject to review and approval of City Public Works and City Fire Department prior to Phase One final plat approval. The physical barrier shall be removed and the remainder of the shared driveway shall be installed subject to review and approval of City Public Works and City Fire Department prior to Phase Two final plat approval. Private Ddriveway plans shall be subject to review and approval of City Public Works and City Fire Department prior to building permit approval. Pedestrian Facilities 5. Plans for the installation of a minimum 5 foot concrete curbside sidewalk on the north side of River Road adjacent to the subdivision shall be reviewed and approved by the City Engineer prior to Phase One final plat approval. 6. The subdivider shall provide an additional 5 feet of right-of-way for the on-site private road prior to Phase One final plat approval. Plans for the installation of a minimum 5 foot concrete curbside sidewalk along the east side of the on-site private road shall be reviewed and approved by the City Engineer prior to Phase One final plat approval. Water Rights 7. The subdivider shall ensure that all lot owners have access to irrigation water including the provision of easements for irrigation water, or have the water rights removed for Lots 2 & 3 through an appropriate legal or administrative process, which shall be indicated by a statement on the final plat of each phase and in the covenants to be reviewed and approved by the Orchard Homes Irrigation Company and the OPG prior to Phase One final plat approval. Easements 8. A 20 foot easement shall be provided for the natural gas transmission line located across the northern portion of Lot 3 subject to review and approval of the County Surveyors Office and the OPG prior to Phase Two final plat approval. 9. The single-use overhead power line extending from a pole north of the property to the shop located to the west of the site shall be removed or a 20 foot easement provided in the location of the power line subject to review and approval of OPG prior to Phase Two final plat approval. ---PAGE BREAK--- 2 Fire 10. The developer shall provide a water supply for fire protection that produces 1000GPM with two hours storage and a hydrant or, in lieu of a water supply with hydrant, the developer shall install interior residential fire sprinklers that meet NFPA 13D standards in each new home. Plans for a water supply and hydrant location shall be approved by the City of Missoula Fire Department prior to Phase One final plat approval. If water supply for fire protection is to be provided by interior residential fire sprinklers then the subdivider shall provide verification from City of Missoula Fire Department of approval to install interior residential fire sprinklers that meet NFPA 13D standards in each new home for the purposes of fire protection prior to Phase One final plat approval. Plans for the installation of interior residential fire sprinklers shall be approved by the City of Missoula Fire Department prior to building permit approval and the development covenants shall be amended to include the following prior to final plat approval: “Installation of interior residential fire sprinklers that meet NFPA 13D standards are required in each new home for the purpose of fire protection. Plans for installation of interior residential fire sprinklers shall be approved by the City of Missoula Fire Department prior to Building Permit approval. Failure to install residential fire sprinklers in any new home may subject the entire subdivision to the cost of installation of a shared water source for fire fighting purposes.” This section of the covenants may not be changed or deleted without governing body approval. 11. Road and address signage plans requiring signs visible from streets in all light conditions shall be reviewed and approved by the City of Missoula Fire Department and shall be included in a development covenant, prior to Phase One final plat approval. 12. The following statement shall appear on the face of the plat for each phase prior to final plat approval: “Acceptance of a deed for a lot within this subdivision constitutes waiver of the right to protest a future SID for a public water system for fire protection, based on benefit. The waiver shall run with the land and shall be binding on the transferees, successors, and assigns of the owners of the land.” Floodplain 13. The subdivider shall amend the plat of each phase to show hatching in the area of the FEMA approved LOMA 05-08-0585A. 14. Language shall be included in the Covenants prior to Phase One final plat approval and a note shall be placed on the final plat of each phase that states the following: “The lowest floor elevation, including basements, mechanical equipment, and ductwork shall be a minimum of 2’ above base flood elevation. Pre-construction elevation certificates shall be required at the time of Zoning Compliance Permit submittal documenting the lowest floor and utility elevations, with post- construction elevation certificates submitted upon building completion.” Covenants 15. Replace Article II, Section 2 of the Development Covenants with the following prior to Phase One final plat approval, subject to review and approval of OPG: The following sections may not be amended or deleted without prior written consent of the governing body: weed control, revegetation of disturbed sites, driveways, addressing, interior residential fire sprinklers, woodstoves, radon mitigation, floodplain areas, living with wildlife, and amendments. 16. The covenants shall be amended as follows subject to review and approval of OPG prior to Phase One final plat approval: The Living with Wildlife section of the covenants shall be amended to include the following: “Compost Piles can attract skunks and bears. If used they should be kept indoors or built to be wildlife-resistant. Compost piles should be limited to grass, leaves, and garden clippings, and piles should be turned regularly. Adding lime can reduce smells and help decomposition. Do not add food scraps.”