HomeMy WebLinkAboutChapter_06 Review Procedures for Subdivisions
Title 18
Chapter 06
REVIEW PROCEDURES FOR SUBDIVISIONS
Sections:
18.06.010 General Procedure
18.06.020 Pre-submittal Meeting and Pre-application Plan Review
18.06.030 Concurrent Review
18.06.040 Preliminary Plat
18.06.050 Notice of Certification That Water and Waste Services Will Be Provided by
Local Government
18.06.060 Final Plat Application
18.06.070 Changes to Filed Subdivision Plats
18.06.010 General Procedure
Every plat of subdivision must be reviewed, approved, and filed for record with the County
Clerk and Recorder in accordance with the procedures contained herein before title to the
subdivided land can be sold or transferred in any manner. Subdivisions containing six or more
lots shall be considered major subdivisions. Subdivisions containing five or fewer lots, in which
proper access to all lots is provided and in which no land is to be dedicated to public use for parks
and playgrounds, shall be minor subdivisions. (Ord. 1645 ~ 1, 2005)
18.06.020 Pre-submittal Meeting and Pre-application Plan Review
The purpose of a pre-application plan review is to discuss this title and these standards, to
familiarize the developer with the standards, goals, and objectives of applicable plans,
regulations, and ordinances, and to discuss the proposed subdivision as it relates to these
matters.
A. Minor Subdivisions. Prior to the submittal of a subdivision application for a minor
subdivision, the developer shall submit an application for subdivision pre-application
review.
B. Major Subdivisions. Prior to the submittal of a subdivision application for a major
subdivision, the developer shall submit an application for subdivision pre-application
review. The developer is encouraged to have a pre-submittal meeting with the
Planning Department prior to submitting a subdivision pre-application.
C. Pre-application Plan Review. For subdivision pre-application review, the developer
shall submit a complete application for pre-application plan review, the appropriate
review fee, and copies of all required pre-application information as set forth in ~
18.78.030.
1. Planning Department Review. The Planning Department shall review the
pre-application plan and advise the developer as to whether the plans and
data meet the goals and objectives of applicable plans and this title.
a. Agency Review. The Planning Department will distribute the pre-
application information to appropriate county and city departments
and state and federal agencies for review and written comment.
All written comments received from various agencies, along with
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the Planning Department's comments regarding whether the
plans and data meet the standards, goals, and objectives of
applicable plans, ordinances, and this title, and for informational
purposes identification of local regulations, state laws, and growth
policy provisions that may apply to the subdivision process, will be
forwarded to the applicant to aid in the preparation of the
subdivision application. The Planning Department shall provide
a list of the public utilities, agencies of government, and other
parties who may be contacted and their timeframes for comment
on the subdivision application. The comments collected by the
Planning Department shall be provided in person or by letter to
the subdivider or their agent within 30 calendar days of a
complete application being received by the City. The 30 calendar
day review period shall be considered met if the letter is dated,
signed, and placed in the outgoing mail within the 30 calendar day
review period.
b. Time for Review. The Planning Department shall review the pre-
application plan and within thirty working days advise the
developer as to whether the plans and data meet the goals and
objectives of applicable plans and this title. Every effort shall be
made by the Planning Department to obtain department and
agency comment within this time period.
2. Optional Planning Board Review. If the developer so wishes, he/she may
request in writing that the Planning Board review pre-application plans.
The letter of request and additional copies of the pre-application materials
are required for this optional review.
a. The request must be received at least thirty working days prior to
the Planning Board meeting at which it is to be considered. The
application will be submitted to the Planning Board at their next
available meeting. A copy of the approved minutes of the
Planning Board meeting will be forwarded to the developer.
3. Time for Follow-up Submittal. A complete subdivision application shall be
submitted to the Planning Department within one calendar year of the date
the planning office dates, signs, and places in the outgoing mail. (Ord.
1645 ~ 1, 2005)
18.06.030 Concurrent Review
The developer has the option of submitting a Department of Environmental Quality
(DEQ)/Local Government Joint Application Form in the place of a Preliminary Plat Application
Form and to request concurrent subdivision review by the Department of Environmental Quality
and the City Commission, pursuant to ~ 76-4-129. (Ord. 1645 ~ 1, 2005)
18.06.040 Preliminary Plat
After the requirement for a pre-application review has been satisfied, the developer may
submit a subdivision application. Subdivision applications shall be submitted, along with the
appropriate review fee and all required subdivision application information as set forth in Chapter
18.78, to the Planning Department and must conform to the requirements of this title. The
preliminary plat shall be prepared by a surveyor licensed to practice in Montana.
A. Completeness and Sufficiency of Application. The time limits in paragraphs 1 and
2 of this subsection apply to each successive submittal of the application until a
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determination is made that the application contains the required materials and is
sufficient for review and the subdivider or their agent is notified.
1. The Planning Department shall review a subdivision application within five
working days of receipt of the application and applicable fee submitted in
accordance with any deadlines established for submittal to determine if the
application is complete. An application is complete only if it contains all of
the information required by this title. If the application is incomplete, the
application, review fee, and a written explanation of why the application is
incomplete will be returned to the subdivider, who is the property owner.
If the application is complete the subdivider shall be so notified. The
property owner may designate in writing another party to receive
notifications regarding completeness. The five working day review period
shall be considered met if the letter is dated, signed, and placed in the
outgoing mail within the five day review period.
2. After the application is deemed complete it shall be reviewed for
sufficiency. The review for sufficiency shall be conducted by the
appropriate agency with expertise in the subject matter. The sufficiency
review period shall begin on the next working day after the date that the
Planning Department determines the application is complete and sends the
required notice to the subdivider and shall be completed within not less
than 15 working days. The 15 working day review period shall be
considered met if the letter is dated, signed, and placed in the outgoing
mail within the 15 working day review period. If the application is
insufficient, a written explanation of why the application is insufficient will
be returned to the subdivider, who is the property owner. If the application
is complete the subdivider shall be so notified. The property owner may
designate in writing another party to receive notifications regarding
completeness.
a. In the event the missing information is not received by the City
within 15 working days of notification to the subdivider of
insufficiency, all application materials and one-half of the review
fee shall be returned to the subdivider or their representative.
Subsequent resubmittal shall require payment of a review fee as
if it were a new application.
b. A determination that an application is sufficient does not restrict
the City from requesting additional information during the
subdivision review process. A determination of sufficiency
establishes the applicable review criteria as specified in ~
18.64.080.A.
3. The DRC may grant reasonable waivers from submittal of application
materials required by these regulations where it is found that these
regulations allow a waiver to be requested and granted. If in the opinion
of the final approval authority the waived materials are necessary for
proper review of the development, the materials shall be provided before
review is completed.
4. In order to be granted a waiver the applicant shall include with the
submission of the subdivision application a written statement describing
the requested waiver and the reasons upon which the request is based.
The final approval body shall then consider each waiver at the time the
subdivision application is reviewed. All waivers must be initially identified
with the pre-application stage of review.
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B. Review by Affected Agencies. After an application is deemed sufficient, the
Planning Department may submit copies of the preliminary plat and supplementary
information to relevant public utilities and public agencies for review and comment,
and to the Planning Board for its advice pertaining to the approval or denial of the
subdivision application. Review by public agencies or utilities shall not delay the
City Commission's consideration of the subdivision application beyond the statutory
specified review period. If the Planning Department shall request review by a public
utility, agency of government, and other parties regarding the subdivision
application that was not identified during the pre-application review the Planning
Department shall notify the subdivider.
C. Planning Board Review. At a regularly noticed meeting or public hearing, the
Planning Board shall review all subdivision applications, together with required
supplementary plans and information, and determine whether the plat is in
compliance with the City's growth policy. The Planning Board shall hold a public
hearing on all subdivisions for which a public hearing is required.
1. Public Testimony. All written public comment received at or prior to a
public hearing shall be incorporated into the written record of the review.
Minutes shall be taken of verbal comment received during the public
hearing or public meeting before the Planning Board and shall be
incorporated into the written record of the review. Copies of the minutes
and written comments shall be included in any recommendation made to
the City Commission by the Planning Board.
2. Planning Board Recommendation. Within ten working days of their review,
the Planning Board shall submit, in writing, to the City Commission, a
resolution forwarding its advice regarding compliance with the City's growth
policy, and a recommendation for approval, conditional approval, or denial
of the subdivision application.
D. City Commission Review. The City Commission shall review and take action on all
proposed subdivisions.
1. The following requirements for a public hearing or a public meeting and for
statutory review periods shall be met:
a. First Minor Subdivision Created from a Tract of Record. The City
Commission shall consider the subdivision application and the
Planning Board's recommendation during a regular public
meeting of the Commission. The City Commission when legal
and physical access is provided to all lots shall approve,
conditionally approve, or deny the subdivision application of a first
minor subdivision within thirty-five working days of determination
that the application is complete, unless there is a written
extension from the developer for a period not to exceed one year.
A minor subdivision must be reviewed as a second or subsequent
minor subdivision if the tract has been previously subdivided or
created by a subdivision; or the tract has descended from a tract
of record which has previously been divided by exemption or
other means into 6 or more tracts of record since July 1, 1973.
(1) Variance Requests for Minor Subdivisions. If the
developer of a minor subdivision is requesting a variance
from any requirement of this title, the procedures of ~
18.66.070 must be followed. Due to the requirement for
a public hearing on variance requests, the developer
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shall provide the Planning Department with a written
extension of the thirty-five working day review period at
the time the subdivision application and variance request
are submitted.
b. Subdivisions Eligible for Summary Review. The City Commission
shall consider the application and the Planning Board's
recommendation during a regular public meeting of the
Commission. The City Commission shall approve, conditionally
approve, or deny a proposed subdivision that is eligible for
summary review within thirty-five calendar days of determination
that the application is complete, unless there is a written
extension from the developer. Minor subdivisions are eligible for
summary review if the plat has been approved by the Montana
Department of Environmental Quality whenever approval is
required by ~ 76-4-101 et seq., MCA.
c. Second or Subsequent Minor Subdivision Created From a Tract
of Record. For the second or subsequent minor subdivision
created from a tract of record, the City Commission shall hold a
public hearing on the subdivision application. The City
Commission shall approve, conditionally approve, or deny the
subdivision application of a second or subsequent minor
subdivision within sixty working days of determination that the
application is sufficient for review, unless there is a written
extension from the developer, not to exceed one year.
d. Major Subdivisions. For a major subdivision, the City Commission
shall hold a public hearing on the subdivision application. The
City Commission shall approve, conditionally approve, or deny the
subdivision application within sixty working days of determination
that the application is sufficient for review, unless there is a
written extension from the developer, not to exceed one year.
e. Public Testimony. All written public comment received at a public
meeting or public hearing prior to a decision to approval, approve
with conditions, or deny a subdivision application shall be
incorporated into the written record of the review. Minutes shall
be taken of verbal comments received during the public hearing
before the City Commission and shall be incorporated into the
written record of the review maintained by the City.
f. New and Credible Information. The City Commission shall
determine whether public comments or documents presented to
the City Commission at a public hearing regarding a subdivision
application held pursuant to ~ 18.06.040.D constitute:
(1) Information or analysis of information that was presented
at a public hearing held pursuant to ~ 18.06.040.D, that
the pUblic has had a reasonable opportunity to examine
and on which the public has had a reasonable
opportunity to comment; or
(2) New information regarding a subdivision application that
has never been submitted as evidence or considered by
either the City Commission, Planning Board, or by city
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staff at a hearing during which the subdivision
application was considered.
(3) If the City Commission determines that the public
comments or documents constitute new information not
previously considered at a public hearing, the City
Commission may:
(a) Approve, conditionally approve, or deny the
proposed subdivision without basing its decision
on the new information if the governing body
determines that the new information is either
irrelevant or not credible; or
(b) Schedule or direct its agent or agency to
schedule a subsequent public hearing before
the City Commission for consideration of only
the new information that may have an impact on
the findings and conclusions that the governing
body will rely upon in making its decision on the
proposed subdivision.
(c) In deciding whether the information is both new
and credible the City Commission shall
consider:
(i) Whether the topic of the information
has previously been examined or
available for examination at a public
hearing on the subdivision application;
(ii) Whether the information is verifiable,
and if applicable developed by a
person with professional competency
in the subject matter;
(iii) Whether the information is relevant to
a topic within the jurisdiction of the
City.
(4) If a subsequent public hearing is held to consider new
and credible information, the 60 working day review
period required in ~ 18.06.040.D is suspended and the
new hearing must be noticed and held within 45 days of
the governing body's determination to schedule a new
hearing. After the new hearing, the otherwise applicable
time limit for review resumes at the governing body's
next scheduled public meeting for which proper notice
for the public hearing on the subdivision application can
be provided. The governing body may not consider any
information regarding the subdivision application that is
presented after the hearing when making its decision to
approve, conditionally approve, or deny the proposed
subdivision.
g. When the subdivision does not qualify, pursuant to ~ 76-4-125(2),
MCA, for the certification established in ~ 18.06.050, the City shall
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at any public hearing collect public comment given regarding the
information required ~ 18.78.050.1, regarding sanitation. The City
shall make any comments submitted or a summary of the
comments submitted available to the subdivider within 30 days
after conditional approval or approval of the subdivision
application.
(1) The subdivider shall, as part of the subdivider's
application for sanitation approval, forward the
comments or the summary provided by the governing
body to the:
(a) Reviewing authority provided for in Title 76,
Chapter 4, for subdivisions that will create one
or more parcels containing less than 20 acres;
and
(b) Local health department or board of health for
proposed subdivisions that will create one or
more parcels containing 20 acres or more and
less than 160 acres.
(2) Parcel Size
(a) For a proposed subdivision that will create one
or more parcels containing less than 20 acres,
the governing body may require approval by the
department of environmental quality as a
condition of approval of the final plat.
(b) For a proposed subdivision that will create one
or more parcels containing 20 acres or more,
the governing body may condition approval of
the final plat upon the subdivider demonstrating,
pursuantto [SB 290, Section 4], thatthere is an
adequate water source and at least one area for
a septic system and a replacement drainfield for
each lot.
2. Criteria for City Commission Action. The basis for the City Commission's
decision to approve, conditionally approve, or deny the subdivision shall be
whether the subdivision application, public hearing (if required), Planning
Board advice and recommendation, and additional information
demonstrates that development of the subdivision complies with this title,
the City's growth policy, the Montana Subdivision and Platting Act, and
other adopted state and local ordinances, including, but not limited to,
applicable zoning requirements. The City Commission may not deny
approval of a subdivision based solely on the subdivision's impacts on
educational services. When deciding to approve, conditionally approve,
or deny a subdivision application, the City Commission shall:
a. Review the preliminary plat, together with required supplementary
plans and information, to determine if it meets the requirements
of this title, the development standards and policies of the City's
growth policy, the Montana Subdivision and Platting Act and other
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adopted state laws, and local ordinances, including but not limited
to applicable zoning requirements.
b. Consider written comments from appropriate public agencies,
utilities, or other members of the public.
c. Consider the following:
(1) Relevant evidence relating to the public health, safety,
and welfare;
(2) Other regulations, code provisions or policies in effect in
the area of the proposed subdivision;
(3) The recommendation of the Planning Board; and
(4) Any relevant public testimony.
d. When the subdivision does not qualify, pursuant to ~ 76-4-125(2),
MCA, for the certification established in ~ 18.06.050, the City
Commission may conditionally approve or deny a proposed
subdivision as a result of the water and sanitation information
provided pursuant to ~ 18.78.050.1 or public comment received
pursuant to ~ 76-3-604, MCA, on the information provided
pursuant to ~ 18.78.050.1. A conditional approval or denial shall
be based on existing subdivision, zoning, or other regulations that
the City Commission has the authority to enforce.
3. City Commission Action. If the City Commission denies or conditionally
approves the subdivision application, it shall forward one copy of the plat
to the developer accompanied by a letter over the appropriate signature
stating the reason for disapproval or enumerating the conditions that must
be met to ensure approval of the final plat. This written statement must
include:
a. The reason for the denial or condition imposition;
b. The evidence that justifies the denial or condition imposition; and
c. Information regarding the appeal process for the denial or
condition imposition.
4. Mitigation. The City Commission may require the developer to design the
subdivision to reasonably minimize potentially significant adverse impacts
identified through the review required by this title. The City Commission
shall issue written findings to justify the reasonable mitigation required by
this title. The City Commission may not unreasonably restrict a
landowner's ability to develop land, but it is recognized that in some
instances the unmitigated impacts of a proposed development may be
unacceptable and will preclude approval of the plat. When requiring
mitigation under this subsection, the City Commission shall consult with the
developer and shall give due weight and consideration to the expressed
preference of the developer.
5. Findings of Fact. The City Commission shall issue written findings of fact
that discuss and weigh the following criteria, as applicable (pursuant to ~
76-3-608, MCA):
a. Criteria
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(1) Compliance with the survey requirements of the Montana
Subdivision and Platting Act;
(2) Compliance with this title and the review process of
these regulations;
(3) The provision of easements for the location and
installation of any necessary utilities;
(4) The provision of legal and physical access to each parcel
within the subdivision and the notation of that access on
the applicable plat and any instrument transferring the
parcel; and
(5) For major subdivisions, the findings of fact shall also
address the effect on agriculture, agricultural water user
facilities, local services, the natural environment, wildlife
and wildlife habitat, and public health and safety.
b. Required Components. The written findings of fact shall contain
at a minimum:
(1) Information regarding the appeal process for the denial
or imposition of conditions;
(2) Identifies the regulations and statutes used in reaching
the decision to deny or impose conditions and explains
how they apply to the decision;
(3) Provides the facts and conclusions that the governing
body relied upon in making its decision to deny or
impose conditions. The documents, testimony, or other
materials that form the basis of the decision and support
the conclusions of the governing body may be
incorporated into the written findings by reference.
6. Subdivision Application Approval Period. Upon approving or conditionally
approving a subdivision application, the City Commission shall provide the
developer with a dated and signed statement of approval. This approval
shall be in force for not more than one calendar year for minor
subdivisions, two years for single-phased major subdivisions, and three
years for multi-phased major subdivisions. At the end of this period, the
City Commission may, at the written request of the developer, extend its
approval for no more than one calendar year, except that the City
Commission may extend its approval for a period of more than one year if
that approval period is included as a specific condition of a written
subdivision improvements agreement between the City Commission and
the developer, provided for in ~ 18.74.060.
7. Changes to Conditions After Approval. Upon written request of the
developer, the City Commission may amend conditions of subdivision
application approval where it can be found that errors or changes beyond
the control of the developer have rendered a condition unnecessary,
impossible, or illegal. Changes to conditions that are not unnecessary,
impossible, or illegal shall be subject to the provisions of ~ 18.02.070.
a. The written request shall be submitted to the Planning
Department.
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b. The written consent of all purchasers of land (via contract for
deed, etc.) shall be included with the written request to amend
conditions.
c. If it is an application for a major subdivision, the City Commission
shall conduct a public hearing on the request. If it is an
application for a minor subdivision, the City Commission shall
consider the request at a regularly scheduled meeting.
(1) If a public hearing is held, public notice of the hearing
shall be given in accordance with this title.
d. The City Commission may approve the requested change if it
meets the criteria set forth in this title.
e. The City Commission shall issue written findings of fact as
required in this title. (Ord. 1645 ~ 1, 2005)
18.06.050 Notice of Certification That Water and Waste Services Will Be Provided by
Local Government
If the developer is proposing to request an exemption from the Department of Environmental
Quality (DEQ) for infrastructure plan and specification review, the subdivision application shall
include a written request from the developer's professional engineer, licensed in the state of
Montana, that indicates the intent to request the exemption and details the extent of water, sewer,
and storm water infrastructure that will be completed prior to final plat approval. A detailed
preliminary storm water drainage plan must also be submitted with the written request. The
Director of Public service shall, prior to final plat approval, send notice of certification to the DEQ
per ~ 76-4-127.
A. The notice of certification shall include the following:
1. The name and address of the applicant;
2. A copy of the preliminary plat included with the application for the proposed
subdivision or a final plat where a preliminary plat is not necessary;
3. The number of proposed parcels in the subdivision;
4. A copy of any applicable zoning ordinances in effect;
5. How construction of the sewage disposal and water supply systems or
extensions will be financed;
6. Certification that the subdivision is within a jurisdictional area that has
adopted a growth policy pursuant to Chapter 1, Title 76, MCA, and a copy
of the growth policy, when applicable;
7. The relative location of the subdivision to the city;
8. Certification that adequate municipal facilities for the supply of water and
disposal of sewage and solid waste are available or will be provided within
the time provided in ~ 76-3-507, MCA;
9. If water supply, sewage disposal, or solid waste facilities are not
municipally owned, certification from the facility owners that adequate
facilities are available; and
10. Certification that the City Commission has reviewed and approved plans
to ensure adequate stormwater drainage. (Ord. 1645 ~ 1, 2005)
18.06.060 Final Plat Application
After the conditions of preliminary approval and the requirements for the installation of
improvements have been satisfied, the developer shall cause to be prepared a final plat. The
final plat shall conform to the uniform standards for final subdivision plats as set forth in ~
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8.94.3003, ARM. Plans and data shall be prepared under the supervision of a registered
surveyor, licensed in the State of Montana, as their licensing laws allow.
A. Final Plat Submittal. The final plat and all supplementary documents shall be
submitted to the Planning Department at least thirty working days prior to the
expiration of subdivision application approval or any extension thereto. The
submittal shall include a final plat application form, the appropriate review fee, all
information required by ~ 18.78.070, and a written explanation of how each of the
conditions of subdivision application approval has been satisfied.
B. County Treasurer Certification. A final plat will not be accepted as complete until
the County Treasurer has certified that no real property taxes and special
assessments assessed and levied on the land to be subdivided are delinquent.
C. Review of Abstract and Covenants. With the final plat, the developer shall submit
to the Planning Department a certificate of a licensed title abstractor showing the
names of the owners of record of the land to be subdivided and the names of
lienholders or claimants of record against the land, and the written consent to the
subdivision by the owners of the land, if other than the developer, and any
lienholders or claimants of record against the land. The certificate of licensed title
abstractor shall be dated no earlier than thirty calendar days prior to submittal.
Covenants shall also be submitted to the Planning Department with the final plat
application. The Planning Department staff will obtain the City Attorney's approval
of the covenants and the City Attorney's certificate.
D. Review by the Planning Department. The Planning Department will then review the
final plat application to ascertain that all conditions and requirements for final
approval have been met. If all conditions and requirements for final approval have
been met, the Planning Department shall forward a report to the City Commission
for their action.
E. Final Plat Approval. The City Commission shall examine every final plat and, within
forty-five working days of the date of submission to the Planning Department, shall
approve it if it conforms to the conditions of preliminary approval and the terms of
this title. The City Commission shall examine every final plat at a regular meeting.
1. If the final plat is approved, the Director of Public Service shall so certify
the approval in a printed certificate on the plat.
2. If the final plat is denied, the City Commission shall cause a letter to be
written to the developer stating the reasons therefore.
F. Filing. The developer shall file the approved, signed final plat and all other required
certificates and documents with the County Clerk and Recorder within sixty days of
the date of final approval. (Ord. 1645 ~ 1, 2005)
18.06.070 Changes to Filed Subdivision Plats
Changes to a filed subdivision plat must be filed with the County Clerk and Recorder as an
amended plat. An amended plat may not be filed unless it meets the filing requirements for a
final subdivision plat specified in these regulations. (Ord. 1645 ~ 1, 2005)
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