Title 16 - Subdivisions
Chapters:
16.04 General Provisions
16.08 Administrative Provisions
16.12 General Procedures - Major Subdivisions
16.16 General Procedures - Minor Subdivisions
16.20 Planned Unit Developments
16.24 Subdivisions Created by Rent or Lease
16.28 Condominiums
16.32 General Design and Improvement Standards
Chapter 16.04 General Provisions
Sections:
16.04.010 Title
16.04.020 Authority
16.04.030 Purpose
16.04.040 Jurisdiction
16.04.050 Severability
16.04.060
Definitions
16.04.010 Title These regulations shall be known and may be
cited as “The Subdivision Regulations of the City of
16.04.020 Authority Authorization for these regulations is
contained in the Montana Subdivision and Platting Act (Mont. Code Ann. §
76-3-101 et seq.).
16.04.030 Purpose The purposes of these regulations are to
promote the public health, safety, and general welfare by regulating the
subdivision of land; to prevent the overcrowding of land; to lessen congestion
in the streets and highways; to provide for adequate light, air, water supply,
sewage disposal, parks and recreation areas, ingress and egress, and other
public requirements; to require development in harmony with the natural
environment; to protect the rights of the property owners; and to require
uniform monumentation of land subdivisions and transferring interests in real
property by reference to a plat or certificate of survey. Further, to support the purposes of 76-3-102,
MCA, these regulations are intended to promote; and to reasonably provide for:
A. The
orderly development of the jurisdictional area.
B. The
design and arrangement of roads and streets within subdivided land and the
coordination with other roads, both existing and planned.
C. The
dedication of land for roadways and for public utility easements.
D. The
provision of proper physical and legal road access, including obtaining of
necessary easements and for the improvement of roads.
E. The
provision of adequate open spaces for travel, light, air, and recreation.
F. The
provision of adequate transportation, water, drainage, and sanitary facilities.
G. The
avoidance or minimization of congestion.
H. The
avoidance of subdivision which would involve unnecessary environmental
degradation.
I. The
avoidance of danger or injury to the public health, safety or welfare by reason
of natural hazard or the lack of water, drainage, access, transportation or
other public services.
J. The
identification of areas which, because of natural or man-caused hazards, are
unsuitable for subdivision development and prohibit subdivisions in these areas
unless the hazards can be eliminated or overcome by approved construction
techniques.
K. Prohibit
subdivisions for building purposes in areas located within the floodway of a
flood of 100-year frequency as defined by Title 76, chapter 5, or determined to
be subject to flood by the City of
L. The
avoidance of excessive expenditure of public funds for the supply of public
services.
M. The
manner, form and contents of making and filing of any plat for subdivisions of
land.
N. The
administration of these regulations by defining the powers and duties of
approving authorities including procedures for the submission and review of all
plats of subdivisions covered by these provisions.
16.04.040 Jurisdiction These regulations govern the subdivision of
land within the jurisdictional area of the City of
Submission of preliminary plat for review:
1. Except
when a plat is eligible for summary approval, the subdivider shall present to
the Planning Board of the City of
2.
(a) If
the proposed subdivision lies within the boundaries of the City of
(b) If
a proposed subdivision lies within one mile of the City of
(c) When a proposed subdivision is also
proposed to be annexed to the City, the City Council shall coordinate the
subdivision review and annexation procedures to minimize duplication of
hearings, reports, and other requirements whenever possible.
These regulations supplement all other regulations, and where they are at
variance with other laws, regulations, ordinances, or resolutions, the more
restrictive requirements shall apply.
16.04.050 Severability Where any word, phrase, clause, sentence,
paragraph, section, or other part of these regulations is held invalid by a
court of competent jurisdiction, such judgment shall affect only that part held
invalid.
16.04.060 Definitions Whenever the following words or phrases
appear in this text, they shall have the meaning assigned to them by this
section. When not inconsistent with the
context, words used in the present tense shall include the future; the singular
shall include the plural, and the plural the singular; the word “shall” is
always mandatory, and the word “may” indicates use of discretion in making
decisions.
Block: A group of
lots, tracts or parcels within well-defined and fixed boundaries.
Certificate of Survey:
A drawing of a field survey prepared by a registered surveyor for the
purpose of disclosing facts pertaining to boundary locations.
Comprehensive Plan or Master Plan: Defined in Section 76-1-103, MCA, as a
comprehensive development plan or any of its parts such as a plan of land use
and zoning of thoroughfares, of sanitation, of recreation, and of other related
matters.
Condominium: A form of
individual ownership with unrestricted right of disposal of one or more units
in a multiple unit project with the land and all other parts of the project
held in common ownership or use with owners of the other units.
Covenant: An
agreement, in writing, of two or more parties by which any of the parties
pledges to the others that something is done or shall be done.
Dedication: The
deliberate appropriation of land by an owner for any general and public use,
reserving to the landowner no rights that are incompatible with the full
exercise and enjoyment of the public use to which the property has been
devoted.
Division of Land: The
segregation of one or more parcels of land from a larger tract held in single
or undivided ownership by transferring or contracting to transfer title to or
possession of a portion of the tract or properly filing a certificate of survey
or subdivision plat establishing the identity of the segregated parcels
pursuant to the Montana Subdivision and Platting Act. Provided that where required by the Act the
land upon which an improvement is situated has been subdivided in compliance
with the Act, the sale, rent or other conveyance of one or more parts of a
building, structure, or other improvement situated on one or more parcels of
land is not a division of land and is not subject to the terms of the Act.
Dwelling Unit: Any
building or portion thereof providing complete, independent and permanent
living facilities for one family.
Easement: A right to
use land, other than as a tenant, for a specific purpose; such right being held
by someone other than the owner.
Engineer (registered professional engineer): A person licensed in conformance with the
Montana Professional Engineer’s Registration Act (Title 37, Chapter 67, MCA) to
practice engineering in the State of
Examining Land Surveyor:
A registered land surveyor fully appointed by the governing body to
review surveys and plats submitted for filing.
Final Plat: The final
drawing of the subdivision and dedication required by these regulations to be
prepared for filing for record with the county clerk and recorder and containing
all elements and requirements set forth in these regulations and in regulations
adopted pursuant thereto.
Flood: The water of
any watercourse of drainage which is above the bank or outside the channel and
banks of such watercourse or drainage.
Flood of 100 Year Frequency:
A flood magnitude expected to recur on the average of one every 100
years, or a flood magnitude which has a one percent chance of occurring in any
given year.
Floodplain: The area
adjoining the watercourse or drainage which would be covered by the floodwater
of a flood of 100 year frequency.
Floodway: The channel
of a watercourse or drainage and those portions of the floodplain adjoining the
channel which are reasonably required to carry and discharge the floodwater of
any watercourse or drainage.
Governing Body: The
City Council of the City of
Irregular Shaped Tract of Land: A parcel of land other than an aliquot part
of the
Legal Access: The
subdivision abuts a public road, or the sub-divider has obtained adequate and
appropriate easements across all necessary properties from a public road to the
subdivision.
a. Lot
Depth—The length of a line drawn perpendicularly to the front lot line and
extending to the rear lot line.
b. Lot
Width—The average width of the lot.
c. Lot
Frontage—The width of the front lot line.
d. Lot
Area—The area of a lot determined exclusive of street, highway, alley, road, or
other rights-of-way.
a. Corner
b. Interior
c. Through
or Double-Frontage Lot: A lot whose front and rear lines both abut on streets.
Minor Subdivision: A
subdivision containing five or fewer parcels where proper access to all lots is
provided, where no land in the subdivision will be dedicated to public use for
parks and playgrounds.
Mobile Home: A
factory-assembled structure or structures equipped with the necessary service
connections and made so as to be readily movable as a unit or units on its
(their) own running gear and designed to be used as a dwelling unit(s) without
a permanent foundation.
Mobile Home
Mobile Home Stand: That
area of a mobile home lot which has been prepared for the placement of a mobile
home.
Montana Department of Health and Environmental Sciences
Minimum Standards: Minimum standards as set forth by the Division of
Environmental Sciences of the Montana Department of Health and Environmental
Sciences, adopted pursuant to Title 76, Chapter 4, Part I, MCA.
Monument (permanent monument): Any structure of masonry, metal, or other
permanent material placed in the ground, which is exclusively identifiable as a
monument to a survey point, expressly placed for surveying reference.
Open Space: An undeveloped land or water area devoid of
buildings except where accessory to the provision of recreation.
Overall Development Plan:
The plan of a subdivision design for a single tract proposed to be
subdivided by stages.
Physical Access: A
road conforming to the local subdivision standards provides vehicular access
from a public road to the subdivision.
Planned Unit Development (P.U.D.): A land development project
consisting of residential clusters, industrial parks,
shopping centers, or office building parks; that comprise a planned mixture of
land uses built in a prearranged relationship to each other and having open
space and community facilities in common ownership or use.
Planning Board: The City of
Plat: A graphical
representation of a subdivision showing the division of land into lots,
parcels, blocks, streets, alleys, and other divisions and dedications.
Preliminary Plat: A
neat and scaled drawing of a proposed subdivision showing the layout of
streets, alleys, lots, blocks, and other elements of a subdivision which
furnish a basis for review by a governing body.
Public Improvements:
Any structure or facility constructed to serve the residents of a
subdivision or the general public such as parks, streets and roads, sidewalks,
curbs and gutters, street lighting, utilities and systems for water supply,
sewage disposal and drainage.
Public Road or Street:
A road or street for which a municipality, county or a state or federal
agency has maintenance responsibility.
Recreational Vehicle Park:
A place used for public camping where persons can rent space to park
individual camping trailers, pick-up campers, motor homes, travel trailers or
automobiles for transient dwelling purposes.
Recreational Vehicle Space:
A designated portion of a recreational vehicle park designed for the
placement of a single recreational vehicle and the exclusive use of its occupants.
Registered Land Surveyor:
A person licensed in conformance with Title 37, chapter 67, to practice
surveying in the state of
Registered Professional Engineer: A person licensed in conformance with Title
37, chapter 67, to practice engineering in the state of
Right-of-Way: A strip
of land dedicated or acquired for use as a public way.
Street Types: For
purposes of these regulations, street types are defined as follows:
a. Alley:
A street used primarily for vehicular access to the rear of properties which
abut on and are served by public roads.
b. Arterial:
c. Collector:
d. Local
Streets:
e. Half-Street:
A portion of the width of a street, usually along the outside perimeter of a
subdivision, where the remaining portion of the street must be located on
adjacent property.
f. Cul-de-sac:
A street having only one outlet for vehicular traffic and terminating in a
turn-around area.
g.
h. Frontage
Access (service road): A local or collector street, usually parallel and
adjacent to an arterial or major collector, which provides access to abutting properties
and controls traffic access to arterioles or collectors.
Sub-divider: A person
who causes land to be subdivided or who proposes a subdivision of land.
Subdivision: A
division of land or land so divided that creates one or more parcels, containing
less than 160 acres that cannot be described as a one-quarter aliquot part of a
Unites States government section, exclusive of public roadways, in order that
the title to or possession of the parcels may be sold, rented, leased, or
otherwise conveyed and includes any re-subdivision and further includes a
condominium or area, regardless of its size, that provides or will provide
multiple space for recreational camping vehicles or mobile homes.
Swale: A drainage
channel or depression designed to direct surface water flow.
Tract: Land area
proposed to be subdivided.
Tract of Record: A
parcel of land, irrespective of ownership, that can be identified by legal
description, independent of any other parcel of land, using documents on file
in the records of the county clerk of recorder’s office.
Vicinity sketch: A map at a scale suitable to locate the
proposed subdivision, showing the boundary lines of all adjacent properties and
streets and other information necessary to determine the general location of
the proposed subdivision.
Chapter 16.08 Administrative
Provisions
Sections:
16.08.010 Fee Schedule
16.08.020 Variances
16.08.030 Amendment of
Regulations
16.08.040 Enforcement,
Violation and Penalties, Appeals
16.08.010 Fee Schedule Fees shall be submitted on or before the
applicable meeting date of the scheduled review. Fees cover one review only. If preliminary plats are withdrawn and
resubmitted, an additional fee shall be submitted. If preliminary major plats are recommended to
be amended by the planning board and are resubmitted within one month, the
additional fee may be waived by the planning board.
A. Preliminary Plat Review. To cover costs of reviewing plans,
advertising, holding public hearings, or other expenses incidental to the
approval of a subdivision, the sub-divider shall pay a non‑refundable fee
at the time of application for approval of a preliminary subdivision plat.
Condominium units and lots created by rent or lease are subject to the same per
lot fee.
The fees, payable to the City Clerk, are as follows:
Minor subdivision (1‑5 lots) $500.00
plus $75 per lot
Major subdivision (6 or more lots) $1,000.00
plus $40 per lot
Subdivisions for rent or lease;
Planned unit developments; or Condominiums $300.00 plus $30 per lot
B. Final Plat Review and Inspection To cover the cost of on‑site inspection
of the subdivision and review of the final plat and supplemental materials, the
sub-divider shall pay a non‑refundable fee at the time of application for
final approval to the City Clerk at the following rate:
All
subdivisions (including major and minor subdivisions) $100.00
C. Final Plat Filing The sub-divider shall be responsible for
paying all costs to the Beaverhead County Clerk & Recorder to file the
final plat and supplementary documents.
All
certificates of survey—a review fee will be charged for the examining land
surveyor to verify that plats and surveys are correct. This fee shall be paid by the
sub-divider.
D. Final Plat Amendment or Correction The property owners petitioning for the
amendment or correction of a filed subdivision plat shall pay all related
direct costs incurred by the City Council, including filing fees.
16.08.020
Variances
A. Hardship The City Council may grant variances from the
Design and Improvement Standards of these regulations when, because of the
particular physical surroundings, shape, or topographical conditions of a
specific property, strict compliance would result in undue hardship and when
such compliance would not be essential to the public welfare. Such variances shall not have the effect of
nullifying the intent and purpose of these regulations. The City Council shall not approve variances
unless it makes findings based upon the evidence in each specific case that:
1. The
granting of the variance will not be detrimental to the public health, safety,
or general welfare or injurious to other adjoining properties;
2. Because
of the particular physical surroundings, shape, or topographical conditions of
the specific property involved, an undue hardship to the owner would result if
the strict letter of these regulations is enforced;
3. The
variance will not cause a substantial increase in public costs; and
4. The
variance will not in any manner place the subdivision in non-conformance with
the City zoning regulations or comprehensive plan.
B. Variances
from Floodway Provisions Not Authorized
The City Council may not by variance permit subdivision for building
purposes in areas located within the floodway of a flood of 100-year frequency
as defined by Title 76, Chapter 5, MCA.
C. Procedure The sub-divider shall include with the
submission of the preliminary plat a written statement describing the requested
variance and the facts of hardship upon which the request is based. The planning board and City Council shall
consider each requested variance at the public meeting or hearing on the
preliminary plat.
D. Conditions In granting variances, the City Council may
impose such conditions as will, in its judgment, secure substantially the
objectives of these regulations.
E. Statement
of Facts When any such variance is
granted, the motion of approval of the proposed subdivision shall contain a
statement describing the variance and the facts and conditions upon which the
issuance of the variance is based.
16.08.030 Amendment of
Regulations Before the City
Council amends these regulations it shall hold a public hearing and shall give
public notice of its intent to amend these regulations and of the public hearing
by publication of notice of the time and place of the hearing in a newspaper of
general circulation in the City not less than 15 or more than 30 days prior to
the date of the hearing.
16.08.040 Enforcement,
Violation and Penalties, Appeals
A. Enforcement. 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. If unlawful transfers are made,
the City Attorney shall commence action to enjoin further sales or transfers
and compel compliance with all provisions of the Montana Subdivision and
Platting Act and these regulations. The
cost of such action shall be imposed against the party not prevailing.
B. Violation
and Penalties Any person, firm,
corporation, or other entity who violates any of the provisions of the Montana
Subdivision and Platting Act or these regulations is guilty of a misdemeanor
punishable by a fine of not less than $100.00 nor more than $500.00 or by
imprisonment in jail for not more than three (3) months or by both fine and
imprisonment. Each sale, lease or
transfer; or offer of sale, lease, or transfer of each separate parcel of land
in violation of any provision of the Montana Subdivision and Platting Act or these
regulations shall be deemed a separate and distinct offense.
C. Appeals A decision of the City Council approving or
rejecting a proposed subdivision plat may be reviewed by the district
court. The application for review must
be filed within thirty (30) days of the decision and must specify the grounds
upon which it alleges the illegality of the action of the City Council.
Chapter 16.12 General
Procedures - Major Subdivisions
Sections:
16.12.010 Major Subdivision
Definition
16.12.020 Major Subdivision
Review and Approval Procedures
16.12.030 Exemptions From
Environmental Assessment
16.12.040 Major Subdivision
Final Plats - Step 3
16.12.010 Major Subdivision Definition Those subdivisions containing six (6) or more
lots, or subdivisions of five (5) or fewer lots that do not qualify as minor
subdivisions shall be reviewed under the procedure set forth in this chapter.
16.12.020 Major
Subdivision Review and Approval Procedures
A. Construction
Timing. The sub-divider shall not
proceed with any construction work on the proposed subdivision, including
grading and excavating relating to public improvements, until the City Council
has given preliminary approval of the proposed subdivision plat.
B. Transfers
of Title. Except as noted herein, 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 the preliminary plat of a
subdivision has been approved or conditionally approved, the sub-divider may
enter into contracts to sell lots in the proposed subdivision if all of the
following conditions are met:
1. Under
the terms of the contracts the purchasers of lots in the proposed subdivision
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
2. 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 sub-divider until the final plat of the subdivision is
filed with the COUNTY CLERK AND RECORDER.
3. 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
(2) years of the preliminary plat approval, the escrow agent shall immediately
refund to each purchaser any payments made under the contract.
4. The
county treasurer has certified that no real property taxes assessed and levied
on the land to be divided are delinquent, and
5. The
contracts 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.”
6. A copy of the contracts and escrow agreement
described above shall be submitted to the subdivision administrator.
C. Pre‑application
Procedures. The sub-divider shall meet
with the subdivision administrator prior to submitting the required preliminary
plat. The purpose of this meeting is to
discuss these regulations and standards, to familiarize the sub-divider with
the applicable goals and objectives of the City of
D. Permission
to Enter. The City Council or its
designated agent(s) may conduct such investigations, examinations, and site
evaluations as they deem necessary to verify information supplied as a
requirement of these regulations. The
submission of pre‑application materials or a preliminary plat for review
shall constitute a grant of permission to enter the subject property.
Major Subdivision ‑ Preliminary Plats.
A. Preliminary Plat Form, Contents, Submission and Review
The sub-divider shall submit for review and approval a preliminary plat of
the proposed subdivision which conforms to the requirements of these
regulations, unless exempted under Chapter 16.16, Minor Subdivisions. The preliminary plat shall be prepared in
form and with contents and supplements as required by Appendix B, and conform
to the General Design and Improvement Standards set forth in 16.32.
The sub-divider shall submit the following application information to the
subdivision administrator:
1. The
Montana Department of Environmental Quality/Local Government Joint Application
Form or City of
2. Environmental
assessment unless exempt; When required, the environmental assessment must
accompany the preliminary plat and must include:
(a) a description of every body or stream of
water that may be affected by the proposed subdivision, together with available
ground water information, and a description of the topography, vegetation, and
wildlife use within the area of the proposed subdivision.
(b) a
summary of the probable impacts of the proposed subdivision based on the
criteria described in 76-3-608; and
(c) a community impact report containing a
statement of anticipated needs of the proposed subdivision for local services,
including education and business; roads and maintenance; water, sewage, and
solid waste facilities; and fire and police protection; and
(d) additional
relevant and reasonable information related to the applicable regulatory
criteria adopted under 76-3-501 as may be required by the governing body.
3. The
required review fee as stated in the Fee Schedule on page _______;
4. Twelve
(12) copies of the preliminary plat and plat supplements;
Review by affected public utilities
and those agencies of local, state and federal government having a substantial
interest in a proposed subdivision shall not delay the City of
The application materials and fee must be submitted to the subdivision
administrator thirty (30) days prior to a regular meeting of the planning
board. The subdivision administrator
will review the information to determine whether or not the application is
complete. If the application is
complete, the subdivision administrator will publish a notice of public hearing
and review the application at the next regular meeting in accordance with these
regulations. The sixty (60) day review period
shall commence on the date that the subdivision administrator accepts the
application.
If the subdivision administrator determines the application is
incomplete, the sub-divider shall be notified of the deficiencies at least five
(5) days prior to the planning board meeting.
The sub-divider may correct the deficiencies and resubmit the
application at the next meeting of the planning board.
B. Public
Hearing. After accepting a preliminary
plat application as complete, the planning board shall hold a public hearing on
the preliminary plat. Notice of the time
and date of the hearing shall be given by publication in a newspaper of general
circulation in the City not less than fifteen (15) days prior to the date of
the hearing. The sub-divider, each
property owner of record, and each purchaser under contract for deed of
property immediately adjoining the land included in the plat shall be notified of the hearing by
registered or certified mail not less than 15 days prior to the date of the
hearing. The planning board may require
the posting of the notice of the hearing at conspicuous places on the proposed
site.
C.
Planning Board
Recommendation. The planning board
shall:
1. consider
the following:
(a) relevant
evidence relating to the public health, safety, and welfare;
(b) the
environmental assessment;
(c) the City of
(d) review
criteria as specified in Section D hereof; and
(e) whether
the preliminary plat conforms to the provisions of:
(1)
the
(2) these
regulations;
(3) applicable
zoning regulations;
(4) the
comprehensive plan; and
(5) other
regulations in effect in the area of the proposed subdivisions; and
2. When
a proposed subdivision is also proposed to be annexed, the City of
3. Within
10 days after the public hearing, the planning board, acting in their advisory
capacity, shall submit in writing the following to the City Council:
(a) its
findings regarding the items under subsection (a) above;
(b) recommended Findings of Fact that weigh
the review criteria; and
(c) a recommendation for approval,
conditional approval, or disapproval of the plat.
D. Preliminary
Plat Approval by City Council. The City
Council shall approve, conditionally approve, or reject the preliminary plat
within 60 days of determination of completeness, unless the sub-divider
consents to an extension of the review period.
If the City Council rejects or conditionally approves the preliminary
plat, it shall forward one copy of the plat to the sub-divider accompanied by a
letter over the appropriate signature stating the reason for rejection or
enumerating the conditions that must be met to assure approval of the final
plat.
The
basis for the City Council’s decision to approve, conditionally approve, or
disapprove a subdivision shall be based upon whether the preliminary plat,
applicable environmental assessment, public hearing, planning board
recommendations or additional information demonstrates that development of the
subdivision meets the requirements of these regulations.
E. The
City Council shall issue written findings of fact that discuss and weigh the
following primary review criteria (pursuant to 76-3-608 MCA):
1. effects
on agriculture;
2. effects
on agricultural water user facilities;
3. effects
on local services;
4. effects
on the natural environment;
5. effects
on wildlife and wildlife habitat;
6. effects
on the public health and safety;
7. compliance
with survey requirements;
8. compliance
with City subdivision regulations;
9. compliance
with established City subdivision review procedures;
10. the provision of easements for the
location and installation of any needed utilities and
11. 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 of transfer concerning the parcel.
The
City Council may withdraw approval of a plat if it determines that information
provided by the sub-divider, and upon which such decision was based, is
inaccurate.
F. The
City of
G.
1. In
reviewing a subdivision under subsection (E) and when requiring mitigation
under subsection (F), the city may not unreasonably restrict 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.
2. When
requiring mitigation under subsection (F), the city shall consult with the
sub-divider and shall give due weight and consideration to the expressed
preference of the sub-divider.
H. Preliminary
Plat Approval Period. Upon approving or
conditionally approving a preliminary plat, the City Council shall provide the
sub-divider with a dated and signed statement of approval. This approval shall be in force for two years. At the end of this period the City Council
may, at the request of the sub-divider, extend its approval for no more than
one (1) calendar year, except that the City Council may extend its approval for
a period of more than (1) one year, if that approval period is included as a
specific condition of a written subdivision improvements agreement between the
governing body and the sub-divider, according to 76-3-507 MCA.
After
the preliminary plat is approved, the City Council may not impose any additional
conditions as a prerequisite to final plat approval, providing said approval is
obtained within the original or extended approval period as provided above.
I. Review
Requirements—Written statement. In
addition to the requirements of 16.12.020 - Major Subdivision Review and
Approval, the City Council may not deny or condition a subdivision approval
under this part unless it provides a written statement to the applicant
detailing the circumstances of the subdivisions denial or condition imposition. The statement must include:
1. The
reason for the denial or condition imposition;
2. The
evidence that justifies the denial or condition imposition; and
3. Information
regarding the appeal process for the denial or condition imposition.
16.12.030 Exemptions
From Requirement of an Environmental Assessment Subdivisions totally within a master planning
area adopted pursuant to chapter 1 wherein zoning regulations pursuant to part
3 of chapter 2 or 76-2-201 and a long-range development program of public
works’ projects pursuant to 76-1-601 have been adopted are deemed to be in the
public interest and exempt from the requirements of an environmental
assessment.
When a subdivision is proposed in an area for which a master plan has
been adopted pursuant to chapter 1 and the proposed subdivision will be in
compliance with the plan or when the subdivision will contain fewer than 10
parcels and less than 20 acres, the planning board may exempt the sub-divider
from the completion of all or any portion of the environmental assessment.
When such an exemption is granted, the planning board shall prepare and
certify a written statement of the reasons for granting the exemption. A copy of this statement shall accompany the
preliminary plat of the subdivision when it is submitted for review.
16.12.040 Major
Subdivision Final Plats
A. Final Plat Submission
The
final plat must be submitted to the subdivision administrator before expiration
of the preliminary plat approval period.
An application for final plat approval, together with the final plat,
twelve (12) blue-line copies of the
final plat and the appropriate review fee shall be submitted to the subdivision
administrator.
B. Final
Plat Contents
The
final plat submitted for approval shall conform to the preliminary plat as
previously reviewed and approved by the City Council and shall incorporate all
required modifications. The final plat
shall comply with the Standards for Final Subdivision Plats. The final plat may constitute only that
portion of the approved preliminary plat the sub-divider wishes to file,
provided that such portion conforms to all requirements of these regulations
and is approved by the City Council in writing.
C. Final
Plat Review. The City shall examine each
final plat and shall approve the plat only if:
1. it conforms to the conditions of
approval set forth on the preliminary plat and to the terms of this chapter and
regulations adopted pursuant to this chapter; and
2. the county treasurer has certified that
all real property taxes and special assessments assessed and levied on the land
to be subdivided have been paid.
Any significant change in the final plat from its original form may
require the holding of a public hearing for review.
The City Council requires that final subdivision plats be reviewed for
errors and omissions in calculation or drafting by an examining land surveyor
before recording with the CLERK AND RECORDER.
The sub-divider shall bear the cost of this review. When the survey data shown on the plat meet
the requirements set forth by the Montana Subdivision and Platting Act and the
Montana Uniform Standards for Monumentation and Final Subdivision Plats, the
examining land surveyor shall so certify on the plat. No land surveyor having a financial interest
in a plat shall act as an examining land surveyor.
The Sub-divider shall submit with the final plat a certificate of a title
abstractor showing the names of the owners of record of the land to be subdivided
and the names of lien holders or claimants of record against the land and the
written consent to the subdivision by the owners of the land, if other than the
sub-divider, and any lien holders or claimants of record against the land.
The City Council may provide for the review of the abstract or
certificate of title of the land in question by the city attorney.
D. Restrictive Covenants ‑ Approval and Enforcement by City
Council
1. Every
restrictive covenant shall contain the following language: “This (These) covenant(s) may not be repealed
or amended without the prior written consent of the City Council.”
2. The
City Council may require that in addition to the language specified above
certain restrictive covenants contain the following language: “The Dillon City Council is a party to this
restrictive covenant and may enforce the provisions hereof.”
3. All
covenants shall be considered to run with the land, whether marked or noted on
the subdivision plat or contained in a separate instrument recorded with the
plat.
E. Guaranty
of Public Improvements. As a condition
of approval of the final plat, the sub-divider shall have installed all
required public improvements or shall enter into a subdivision improvements
agreement guaranteeing the construction, installation, and/or maintenance of
all such improvements.
Provision
for bonding requirements to ensure construction of public improvements
1. In
lieu of the completion of the construction of any public improvements prior to
the approval of the final plat, the sub-divider shall provide or cause to be
provided a bond or other reasonable security, in an amount and with surety and
conditions satisfactory to the City of Dillon, providing for and securing the
construction and installation of the improvements within a period specified by
the City of Dillon and expressed in the bonds or other security. The City of
If
common property is to be deeded to a property owners’ association, the
covenants and restrictions which govern the association shall, at a minimum,
provide for:
1. Formation
of property owners’ association before any property is sold;
2. Mandatory
membership for each property buyer and any subsequent buyer;
3. Perpetual
reservation of the common property;
4. The
association’s responsibility for liability insurance, local taxes, and the
maintenance of recreational and other facilities;
5.