HomeMy WebLinkAboutChapter_04 Subdivision and Platting Administrative Procedures
Title 18
Chapter 04
SUBDIVISION AND PLATTING ADMINISTRATIVE PROCEDURES
Sections:
18.04.010 Transfers of Title
18.04.020 Effect of Recording Complying Plat
18.04.030 Correction of Errors, Amendments, or Vacation Recorded Final Plats
18.04.040 Correction of Recorded Plat by Governing Body
18.04.050 Disposition of Water Rights
18.04.010 Transfers of Title
Unless the plat is located in an area where the State or the City do not have jurisdiction,
every final subdivision plat must be filed for record with the County Clerk and Recorder before
title to the subdivided land can be sold or transferred in any manner. After a preliminary
subdivision plat has been approved or conditionally approved, the developer may enter into
contracts to sell lots in the proposed subdivision if all of the following conditions are met:
A. Under the terms of the contracts, the purchasers of lots in the proposed subdivision
shall make any payments to an escrow agent which must be a bank or savings and
loan association chartered to do business in the State of Montana.
B. Under the terms of the contracts and the escrow agreement, the payments made
by purchasers of lots in the proposed subdivision may not be distributed by the
escrow agent to the developer until the final plat of the subdivision is filed and of
record with the County Clerk and Recorder.
C. The contracts and the escrow agreement provide that if the final plat of the
proposed subdivision is not filed with the County Clerk and Recorder within two
years of the preliminary plat approval, the escrow agent shall immediately refund to
each purchaser any payment made under the contract.
D. The County Treasurer has certified that no real property taxes and special
assessments assessed and levied on the land to be divided are delinquent; and
E. The contracts shall contain the following language conspicuously set out therein:
"The real property which is the subject hereof has not been finally
platted, and until a final plat identifying the property has been filed with
the County Clerk and Recorder, title to the property cannot be
transferred in any manner."
Unless the plat is located in an area where the State or the City do not have jurisdiction, the
County Clerk and Recorder may not record any instrument that purports to transfer title to or
possession of a parcel or tract of land that is required to be surveyed by the Montana Subdivision
and Platting Act unless the required certificate of surveyor subdivision plat has been filed with
the County Clerk and Recorder and the instrument of transfer describes the parcel or tract by
reference to the filed certificate or plat. This provision does not apply if the parcel or tract to be
transferred was created before July 1, 1973, and the instrument of transfer for the parcel or tract
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includes a reference to a previously recorded instrument of transfer or is accompanied by
documents that, if recorded, would otherwise satisfy the requirements of this subsection. The
reference or document must demonstrate that the parcel or tract existed before July 1, 1973.
However, these references or documents do not constitute a legal description of the property and
may not be substituted for a legal description of the property. (Ord. 1645 S 1, 2005)
18.04.020 Effect of Recording Complying Plat
The recording of any plat made in compliance with the Montana Subdivision and Platting Act
shall serve to establish the identity of all lands shown on and being a part of such plat. Where
lands are conveyed by reference to a plat, the plat itself or any copy of the plat, properly certified
by the County Clerk and Recorder as being a true copy thereof, shall be regarded as incorporated
into the instrument of conveyance and shall be received in evidence in all courts of this state.
(Ord. 1645 S 1, 2005)
18.04.030 Correction of Errors, Amendments, or Vacation Recorded Final Plats
A. Correction of Errors. Correction of errors that, in the opinion of the City
Commission, will not materially alter the plat may be made by the submission of a
corrected final plat for the City Commission's approval. The plat may be filed under
the procedures for first minor subdivision plats.
The plat shall be entitled "amended plat of the (name of subdivision)
subdivision", and the reason for the correction shall be stated on the face of the plat.
B. Material Alterations. Amendments that materially alter the final plat or any portion
thereof shall be made by the filing of an amended plat showing all alterations. The
amended plat shall be approved by the City Commission under the major or minor
subdivision procedure, as is appropriate. Prior to such approval, the amended plat
shall be reviewed by the Planning Department. The City Commission may not
approve an amendment which will place the plat in nonconformance with the
standards contained herein unless a public hearing is held on the plat and a written
variance from the standards issued pursuant to procedures contained herein for
such variances is granted.
The plat shall be entitled "amended plat of (the name) subdivision", and the
reason for the amendment shall be stated on the face of the plat.
C. Vacating Recorded Plats. Any plat prepared and recorded as provided by this title
may be vacated, in whole or in part, as provided by SS 7-5-2501,7-5-2502,7-14-
2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115, MCA. Upon
vacation, the City Commission, or the district court, as provided in S 7-5-2502, MCA,
shall determine to which properties the title to the streets and alleys of the vacated
portions must revert. The City Commission, or the district court, as provided in S 7-
5-2502, MCA, shall take into consideration the previous platting; the manner in
which the right~of-way was originally dedicated, granted, or conveyed; the reasons
stated in the petition requesting the vacation; the parties requesting the vacation;
and any agreements between the adjacent property owners regarding the use of the
vacated area. The title to the streets and alleys of the vacated portions may revert
to one or more of the owners of the properties within the platted area adjacent to the
vacated portions.
1. Utility Easements. When any poleline, pipeline, or any other publiC or
private facility is located in a vacated street or alley at the time of the
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reversion of the title to the vacated street or alley, the owner of the public
or private utility facility has an easement over the vacated land to continue
the operation and maintenance of the public or private utility facility. (Ord.
1645 S 1, 2005)
18.04.040 Correction of Recorded Plat by Governing Body
When a recorded plat does not definitely show the location or size of lots or blocks, or the
location or width of any street or alley, the City may at its own expense cause a new and correct
survey and plat to be made and recorded in the office of the County Clerk and Recorder. The
corrected plat must, to the extent possible, follow the plan of the original survey and plat. The
surveyor making the resurvey shall endorse the corrected plat, referring to the original plat, and
noting the defect existing therein and the corrections made. (Ord. 1645 S 1, 2005)
18.04.050 Disposition of Water Rights
When a subdivision creates parcels with lot sizes averaging less than five acres, the
developer shall:
A. Reserve all or a portion of the appropriation water rights owned by the owner of the
land to be subdivided and transfer the water rights to a single entity for use by the
landowners within the subdivision who have a legal right to the water and reserve
and sever any remaining surface water rights from the land;
B. If the land to be subdivided is subject to a contract or interest in a public or private
entity formed to provide the use of a water right on the subdivision lots, establish a
landowner's water use agreement administered through a single entity that specifies
administration and the rights and responsibilities of landowners within the
subdivision who have a legal right and access to the water; or
C. Reserve and sever all surface water rights from the land proposed for subdivision.
(Ord. 1645 S 1, 2005)
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