(A) Final plat contents. The final plat submitted for approval must conform to the preliminary plat as previously reviewed and approved by the Town Council, and must incorporate all required modifications, and comply with all conditions imposed at the time of subdivision application and preliminary plat approval. The final plat and accompanying documents must comply with § 154.06. Final plats of subdivisions approved for phased development shall be filed sequentially in accordance with the approval.
(B) Final plat initial review.
(1) The final plat approval application form, which can be obtained from the Subdivision Administrator, and all supplementary documents must be submitted to the Subdivision Administrator at least 30 working days prior to the expiration of preliminary plat approval.
(2) The submittal shall include, as applicable:
(a) The final plat application;
(b) The final plat review fee;
(c) A statement from the project surveyor or engineer outlining how each condition of approval has been satisfied;
(d) A title report or updated abstract dated no less than 30 days prior to the date of submittal;
(e) The DEQ or local Environmental Health Department approval;
(f) The final grading and drainage plan, including all road plans and profiles, state or local encroachment permits, and the Traffic Impact Analysis (if required);
(g) All engineering plans;
(h) Any homeowner association documents, including bylaws, covenants, and/or declarations;
(i) County Attorney approval; and
(j) One 18 inches by 24 inches, or larger, copies of the final plat, completed in accordance with § 154.06.
(C) Review by Subdivision Administrator.
(1) The Subdivision Administrator shall review the final plat to ascertain that all conditions and requirements for final plat approval have been met. The Subdivision Administrator will not accept, begin processing, nor schedule any actions on a final plat submittal until a complete application and fee, and copies of the final plat, have been received. Final plat applications will not be considered complete by the Subdivision Administrator until all conditions of preliminary approval have been satisfied.
(2) If the Subdivision Administrator determines that the final plat differs from the approved or conditionally approved preliminary plat, the applicant shall be required to submit an amended application pursuant to § 154.04(F).
(3) The Subdivision Administrator may require that final subdivision plats be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before recording with the County Clerk and Recorder. When the survey data shown on the plat meets the conditions pursuant to these regulations, the examining surveyor shall certify the compliance in a printed or stamped signed certificate on the plat.
(D) Restrictive covenants: approval, content, and enforcement by the town.
(1) The Town Council may require that some or all restrictive covenants governing the use of land within the subdivision, whether proposed by the subdivider or required by the Town Council, be set forth in a separate heading identifying them as plat approval covenants, and indicating: “These covenant(s) may not be repealed or amended without prior written consent of the Town of Circle Council”.
(2) The Town Council may require that all restrictive covenants it has required as a condition of plat approval contain the following language: “The Town of Circle Council is a party to this restrictive covenant and may enforce its terms”.
(3) If common property is to be deeded to a property owners’ association, the covenants and by-laws which govern the association must, at a minimum, provide for the:
(a) Formation of a property owners’ association concurrently with the filing of the final subdivision plat. Articles of incorporation shall be filed with the Secretary of State’s office;
(b) Mandatory membership for each property owner. Purchasers of property may also be required to sign a waiver of right to protest the formation of a maintenance district to maintain improvements;
(c) Perpetual reservation of the common property when required under MCA § 76-3-621(6)(a);
(d) Payment of liability insurance premiums, local taxes, and the cost of maintaining recreational or other facilities;
(e) Placement of liens on the property of lot owners who are delinquent in the payment of association fees and assessments;
(f) Adjustment of assessments to meet changing needs;
(g) Means of enforcing the covenants, and of receiving and processing complaints;
(h) Transition of control of the association from the declarant to the homeowners;
(i) Dissolution of the association and modification of the covenants and restrictions after obtaining the Town Council’s approval of the change; and
(j) Regular maintenance of roads, parks, buildings, drainage facilities, and other facilities controlled by the association.
(E) Public improvements agreement; guaranty.
(1) As a condition of approval of the final plat, the subdivider must have installed all required improvements, or have entered into a subdivision improvements agreement guaranteeing the construction, installation, and maintenance of all required improvements. No construction or placement of structures on the lots may occur until improvements related to public health and safety, such as roads or fire fighting facilities, have been installed and engineering plans have been filed. A model subdivision improvements agreement and alternative methods of guaranteeing public improvements, the procedures and requirements for securing an agreement, and suggested conditions for maintenance are available from the Subdivision Administrator.
(2) If the subdivider chooses to enter into a subdivision improvements agreement, guaranteeing the public improvements through a bond or letter of credit, three bids for the cost of installation of the public improvements shall be obtained by the subdivider. The amount of the guarantee shall be calculated by multiplying 125% by the highest bid. As the public improvements are installed, the subdivider shall provide a letter to the Town Council indicating such, and including a copy of the engineered plans. The consulting engineer designated by the Town Council shall review and certify all public improvements have been installed in conformance with the plans and specifications. Prior to the release of the guarantee, a copy of the plans, stamped by the project surveyor or engineer, in accordance with his or her licensing provisions, shall be filed in the County Clerk and Recorder’s office with reference to the final subdivision plat.
(F) Amending approved preliminary plats before final plat approval.
(1) If the subdivider proposes to change the preliminary plat after the preliminary plat approval, but before the final plat approval, the subdivider shall submit the proposed changes to the Subdivision Administrator for review.
(a) Within five working days of receiving the proposed changes, the Subdivision Administrator shall determine whether the changes to the preliminary plat are material pursuant to division (F)(1)(b) below.
(b) If the Subdivision Administrator determines the changes are material, he or she may either require the subdivider to submit the changed plat to the Planning Board for a meeting or hearing prior to making his or her recommendation to the Town Council, or, if the changes are extensive, the Subdivision Administrator may require the subdivider to begin the subdivision review process again, starting with the pre-application meeting, and require payment of a new application fee.
(c) If the Subdivision Administrator determines the changes are not material, he or she shall accept the changes, notify the subdivider and the Town Council of that decision, and the Town Council shall approve of those changes in a meeting for which notice has been given of non-material changes to the final plat.
(2) The following changes, although not an exhaustive list, may be considered material:
(a) Configuration or number of lots;
(b) Road layout;
(c) Water and/or septic proposals;
(d) Configuration of park land or open spaces;
(e) Easement provisions;
(f) Designated access;
(g) Changes to the proposed covenants; or
(h) Changes to conditions of approval.
(3) A subdivider whose proposed changes to the preliminary plat have been deemed material by the Subdivision Administrator may appeal his or her decision to the Town Council by written notice within ten working days. The subdivider may request a hearing, and may submit additional evidence to show that the changes to the preliminary plat are not material.
(4) If the subdivider and Subdivision Administrator determine that a condition of approval is illegal or impossible to comply with due to circumstances outside the subdivider’s control, economic hardship notwithstanding, the condition may be reviewed by the Town Council through a properly noticed public hearing in order to determine if the condition may be waived or amended.
(G) Final plat approval.
(1) The Town Council shall examine every final subdivision plat, and shall approve it if it conforms to the conditions of preliminary plat approval and to the terms of the MSPA, and these regulations, or deny it pursuant to division (G)(1)(b) below.
(a) If the final plat is approved, Town Council shall certify its approval on the face of the final plat. When applicable, a certificate of the Town Council expressly accepting any dedicated land, easements, or improvements will be filed with the final plat.
(b) If the final plat is denied, the Town Council shall write a letter stating the reason for denial and forward a copy to the subdivider. The Town Council will return the final plat to the subdivider within ten working days of the action. The subdivider may then make any necessary corrections and resubmit the final plat for approval.
(2) The Town Council may withdraw approval of a final plat if it determines that material information submitted by the subdivider is inaccurate.
(H) Final plat filing.
(1) After it is approved, the final plat may not be altered in any manner except as provided in division (I) below. The County Clerk and Recorder may not accept any plat for filing that does not bear the Town Council’s approval in proper form or that has been altered. The County Clerk and Recorder may file an approved plat only if it is accompanied by the documents specified in §§ 154.06 and 154.10.
(I) Amending filed plats.
(1) Changes that materially alter any portion of a filed plat, its land divisions, or improvements, or that will modify the approved use of land within the subdivision, must be made by filing an amended plat showing all alterations. Any alteration which increases the number of lots or modifies six or more lots, or abandons or alters a public road right-of-way or park land dedication, must be reviewed and approved by the Town Council.
(2) An amended plat may be subject to the procedures for reviewing major or minor subdivisions, as appropriate. The Town Council may not approve an amended final plat without the written consent of the owners and lien holders of all lots which will be modified by the proposed amendment.
(3) The Town Council may not approve an amendment that will place a lot in non-conformance with the standards contained in § 154.07 of these regulations, or with local zoning regulations, unless the Town Council holds a public hearing on the amendment and issues a written variance from the standards pursuant to § 154.25.
(4) The final amended plat submitted for approval must comply with the requirements for final subdivision plats under § 154.06.
(Prior Code, § 11-4-10)
Statutory reference:
Final plats, general requirements, see MCA § 76-3-507