(A) A final subdivision plat may not be approved by the Town Council or filed by the County Clerk and Recorder unless it complies with the following requirements:
(1) Final subdivision plats must be legibly drawn with permanent ink, or printed or reproduced by a process guaranteeing a permanent record, and must be 18 inches by 24 inches, or 24 inches by 36 inches, overall to include a one-half inch margin on the binding side;
(2) One signed copy on cloth-backed material, or on three mil or heavier matte stable-base polyester film or equivalent, and one signed reproducible copy on a stable-base polyester film or equivalent must be submitted;
(3) If more than one sheet must be used to adequately depict the land subdivided, each sheet must show the number of that sheet and the total number of sheets included. All certifications must be placed or referred to on one sheet; and
(4) A survey that modifies a filed subdivision plat must be entitled “amended plat of (lot, block and name of subdivision being amended”, and, unless it is exempt from subdivision review by MCA §§ 76-3-201 or 76-3-207(1)(d) or (e), may not be filed with the County Clerk and Recorder unless it meets the filing requirements for final subdivision plats specified in this section.
(B) A final plat submitted for approval must show or contain, on its face or on separate sheets referred to on the plat, the following information. The surveyor may, at his or her discretion, provide additional information regarding the survey:
(1) A title or title block indicating the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. The title of the plat must contain the words “plat” and either “subdivision” or “addition”;
(2) The name of the person(s) who commissioned the survey and the name(s) of the owner of the land to be subdivided, if other than the person(s) commissioning the survey, the names of any adjoining platted subdivisions, and the numbers of any adjoining certificates of survey previously filed;
(3) A north arrow;
(4) A scale bar. The scale must be sufficient to legibly represent the required information and data on the plat;
(5) The location of, and other information relating to, all monuments found, set, reset, replaced, or removed, as required by ARM § 24.183.1101(1)(c).
(a) If additional monuments are to be set after the plat is filed, the location of these monuments must be shown by a distinct symbol, and the plat must bear a certification by the surveyor as to the reason the monuments have not been set and the date by which they will be set.
(b) All monuments found during a retracement that influenced the position of any corner or boundary indicated on the plat must be clearly shown, as required by ARM § 24.183.1101(1)(c).
(6) The location of any section corners, or corners of divisions of sections, pertinent to the survey;
(7) Witness and reference monuments, and basis of bearings. For purposes of this rule, the term BASIS OF BEARINGS means the surveyor’s statement as to the origin of the bearings shown on the plat. The BASIS OF BEARINGS may refer to a particular line between monumented points in a previously filed survey document. If the plat shows true bearings, the BASIS OF BEARINGS must describe the method by which these true bearings were determined;
(8) The bearings, distances, and curve data of all boundary lines. If the subdivision is bounded by an irregular shoreline or body of water that is a riparian boundary, the bearings and distances of a meander traverse generally paralleling the riparian boundary must be given;
(9) The courses along a meander line are shown solely to provide a basis for calculating the acreage of a parcel with one or more riparian boundaries as the parcel existed at the time of survey;
(10) For purposes of these regulations, a line that indicates a fixed boundary of a parcel is not a “meander” or “meander line”, and may not be designated as one;
(11) Data on all curves sufficient to enable the re-establishment of the curves on the ground. For circular curves, these data must at least include radius and arc length. For non-tangent curves, which must be so labeled, the plat must include the bearings of radial lines or chord length and bearing;
(12) Lengths of all lines shown to at least tenths of a foot, and all angles and bearings shown to at least the nearest minute. Distance measurements must be stated in English units, but their metric equivalents, shown to the nearest hundredth of a meter, may be noted parenthetically;
(13) The location of any section corners or corners of divisions of sections the surveyor deems to be pertinent to the subdivision;
(14) All lots and blocks in the subdivision, designated by number, the dimensions of each lot and block, the area of each lot, and the total acreage of all lots. Excepted parcels must be marked “Not included in this subdivision” or “Not included in this plat”, as appropriate, and the bearings and lengths of these excepted boundaries must be shown;
(15) All streets, alleys, avenues, roads, and highways; their widths (if ascertainable) from public records, bearings, and area; the width and purpose of all road rights-of-way and all other easements that will be created by the filing of the plat; and the names of all streets, roads, and highways;
(16) The location, dimensions, and areas of all parks, common areas, and other grounds dedicated for public use;
(17) The total acreage of the subdivision;
(18) A narrative legal description of the subdivision as follows:
(a) If the parcel being subdivided is either an aliquot part of a U.S. government section or a U.S. government lot, the information required by this section is the aliquot or government lot description of the parcel;
(b) If the plat depicts the division of a parcel or lot that is shown on a filed certificate of survey or subdivision plat, the information required by this section is the number or name of the certificate of survey or plat, and the number of the parcel or lot affected by the survey;
(c) If the parcel surveyed does not fall within (B)(18)(a) or (B)(18)(b) above, the information required by this subsection is the metes-and-bounds description of the perimeter boundary of the subdivision; and
(d) If the plat establishes the boundaries of a subdivision containing one or more interior parcels, the information required by this section is the legal description of the perimeter boundary of the subdivision;
(19) The dated signature and the seal of the surveyor responsible for the survey. The affixing of this seal constitutes a certification by the surveyor that the final plat has been prepared in conformance with the State Subdivision and Platting Act, being MCA Title 76, Chapter 3, and the regulations adopted under that Act;
(20) A memorandum of any oaths administered under MCA § 76-3-405;
(21) The dated, signed, and acknowledged consent to the subdivision of the owner of the land being subdivided. For purposes of this rule, when the parcel of land proposed for subdivision is being conveyed under a contract-for-deed, the terms “owner” and “owner of the land” refers to the seller under the contract-for-deed;
(22) Certification by the Town Council that the final subdivision plat is approved; and
(23) Space for the County Clerk and Recorder’s filing information.
(C) The following documents must appear on the face of, or accompany, the approved final plat when it is presented to the County Clerk and Recorder for filing:
(1) If applicable, the owner’s certificate of dedication of streets, parks, playground easements, or other public improvements;
(2) If applicable, a certificate of the Town Council expressly accepting any dedicated land, easements, or improvements. An acceptance of a dedication is ineffective without this certification;
(3) A certificate of a title abstractor showing the names of the owners of record of the land to be subdivided, and the names of any 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 subdivider, and any lien holders or claimants of record against the land;
(4) Copies of any covenants or deed restrictions relating to the subdivision;
(5) If applicable, a certificate from the State Department of Environmental quality stating that it has approved the plans and specifications for water supply and sanitary facilities;
(6) A certificate from the subdivider indicating which required public improvements have been installed, and a copy of any subdivision improvements agreement securing the future construction of any additional public improvement to be installed;
(7) Unless otherwise provided by local subdivision regulations, copies of final plans, profiles, grades, and specifications for improvements, including a complete grading and drainage plan, with the certification of a registered professional engineer, that all required improvements which have been installed are in conformance with the attached plans. Local subdivision regulations may authorize the subdivider, under conditions satisfactory to the Town Council, to prepare these plans and specifications after the final plat has been filed, or file them with a government official other than the County Clerk and Recorder, or both;
(8) If applicable, the certificate of the examining land surveyor;
(9) If a street created by the plat will intersect with a state highway, a copy of the state highway access or encroachment permit; and
(10) The certification of the County Treasurer that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.
(Prior Code, Title XI, Chapter 4, Appendix A, § 24.183.1107)
Statutory reference:
Uniform standards for subdivision plats, see MCA §§ 76-3-101 through 76-3-625