(A) General. Subdivisions containing five or fewer parcels shall be reviewed as set forth in this section. Generally, all minor subdivisions shall be reviewed pursuant to division (B) below, as provided for in MCA § 76-3-609(4). Expedited minor subdivisions shall be reviewed pursuant to division (C) below.
(B) Minor subdivision review. The pre-application process and initial review process set forth in § 154.04 apply to this section.
(C) Minor subdivision application and preliminary plat submittal. The subdivider shall submit to the Town Council or to the Subdivision Administrator a subdivision application containing the materials identified in § 154.28 and in the pre-application meeting.
(D) Minor subdivision exceptions. The following do not apply to minor subdivisions:
(1) Preparation of an environmental assessment;
(2) Parkland dedication; and
(3) Public hearing requirements.
(E) Minor subdivision review process.
(1) Within 35 working days, the Town Council shall approve, conditionally approve, or deny the proposed subdivision according to division (G) below of these regulations, unless the subdivider and the Subdivision Administrator agree to an extension or suspension of the review period, not to exceed one year. The review period of 35 working days begins the day the Subdivision Administrator notifies the subdivider or the subdivider’s agent in writing that the subdivision application is sufficient for review.
(2) Review and comment by public agencies or utilities may not delay the Town Council’s action on the subdivision application beyond the 35-working day review period. The Town Council will make these comments available to the subdivider and to the general public upon request. If, during the review of the application, the Subdivision Administrator or the Planning Board contacts a public utility, agency, or other entity that was not included on the list provided during the pre-application meeting, the Subdivision Administrator shall notify the subdivider of the contact and the timeframe for response.
(F) Minor subdivision Planning Board consideration and recommendation.
(1) In recommending approval, conditional approval, or denial of the subdivision application and preliminary plat, the Planning Board shall base its recommendation on compliance of the subdivision application and preliminary plat with the following:
(a) These regulations, including, but not limited to, the standards set forth in Section 1-4-13;
(b) Applicable zoning regulations;
(c) MSPA, including, but not limited to, § 76-3-608(3), as delineated in divisions (G) below and (F)(2)(d) below of these regulations; and
(d) Other applicable regulations.
(2) In recommending approval, conditional approval, or denial of the subdivision application and preliminary plat, the Planning Board may consider, without limitation, the following (as applicable):
(a) The subdivision application and preliminary plat;
(b) The summary of probable impacts and proposed mitigation;
(c) An officially adopted growth policy;
(d) Subdivision Administrator’s staff report and recommendation; and
(e) Any additional information authorized by law.
(3) Within ten working days after the public meeting, the Planning Board shall submit the following, in writing, to the subdivider and the Town Council:
(a) Recommended findings of fact based on the evidence in division (F)(1) above that discuss and consider the subdivision’s compliance with, and impact on, the items listed in division (F)(2) above of these regulations;
(b) A recommendation for approval, conditional approval (including any recommended conditions and/or mitigation measures), or denial of the subdivision application and preliminary plat; and
(c) A recommendation for approval or denial of any requested variances (see § 154.25).
(4) The Planning Board or Subdivision Administrator shall collect public comment regarding the water and sanitation information required by the MSPA and these regulations. The Planning Board shall forward all comments regarding water and sanitation to the Town Council.
(G) Subdivider’s preference for mitigation. No later than two working days before the meeting at which the Town Council is to consider the subdivision application and preliminary plat, the subdivider is encouraged to submit, in writing, to the Subdivision Administrator the subdivider’s comments on, and responses to, the Planning Board’s recommendations, as well as any proposed mitigation measures not already discussed with the Planning Board. The Town Council will consult with the subdivider and will give due weight and consideration to the subdivider’s expressed preferences regarding mitigation.
(H) Minor subdivision decision and documentation.
(1) The Town Council may not approve or conditionally approve a subdivision application and preliminary plat unless the proposed subdivision:
(a) Provides easements for the location and installation of any planned utilities, both on and off site;
(b) Provides 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;
(c) Assures that all required public or private improvements will be installed before final plat approval, or that their installation after final plat approval will be guaranteed as provided by § 154.05 of these regulations;
(d) Assures that the requirements of MCA § 76-3-504 (1)(j) regarding the disclosure and disposition of water rights, as set forth in § 154.08(S), have been considered and will be accomplished before the final plat is submitted; and
(e) Assures that the requirements of MCA § 76-3-504(1)(k) regarding watercourse and irrigation easements, as set forth in § 154.08(R), have been considered and will be accomplished before the final plat is submitted.
(2) In approving, conditionally approving, or denying a first minor subdivision application, the Town Council shall consider division (A) above and whether the proposed subdivision complies with:
(a) These regulations, including, but not limited to, the standards set forth in § 154.08;
(b) Applicable zoning regulations;
(c) Other applicable regulations; and
(d) The MSPA, including, but not limited to the following impacts:
1. Impact on agriculture;
2. Impact on agricultural water user facilities;
3. Impact on local services;
4. Impact on the natural environment;
5. Impact on wildlife and wildlife habitat;
6. Impact on public health and safety; and
7. Proposed mitigation.
(3) In making its decision to approve, conditionally approve, or deny a proposed minor subdivision the Town Council may consider and weigh the following, as applicable:
(a) The subdivision application and preliminary plat;
(b) The summary of probable impacts and mitigation;
(c) An officially adopted growth policy;
(d) The Subdivision Administrator’s staff report and recommendations;
(e) The Planning Board recommendation; and
(f) Any additional information authorized by law.
(4) Water and sanitation information provided in the application and public comment given about this information during the review process may be used as a basis for a conditional approval or denial of a subdivision only if the Town Council finds that information provided in the application, or submitted during public comment, indicates the proposal does not comply with previously adopted subdivision, zoning, floodplain, or other regulations.
(a) For a proposed subdivision that will create one or more parcels containing less than 20 acres, the subdivider shall obtain approval by the DEQ 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 subdivider shall provide water and sanitation accessibility to all lots in order to obtain final plat approval.
(c) The Town Council shall collect public comments regarding water and sanitation information and 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 and preliminary plat.
(d) The subdivider shall, as part of the subdivider’s application for sanitation approval, forward the comments or the summary provided by the Town Council to the:
1. Reviewing authority provided in MCA Title 76, Chapter 4, for subdivisions that will create one or more parcels containing less than 20 acres; or
2. 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.
(I) Documentation of Town Council decision.
(1) In rendering its decision to approve, conditionally approve, or deny the proposed subdivision, the Town Council shall issue written findings of fact that discuss and weigh the proposed subdivision’s compliance with the above divisions.
(2) When the Town Council denies or conditionally approves the proposed subdivision, it shall send the subdivider a letter with the appropriate signature, and make the letter available to the public. The letter shall:
(a) Contain information regarding the appeal process for the denial or imposition of conditions;
(b) Identify the regulations and statutes that are used in reaching the decision to approve, deny, or impose conditions and explain how they apply to the decision;
(c) Provide the facts and conclusions that the Town Council relied upon in making its decision and reference documents, testimony, or other materials that form the basis of the decision;
(d) Provide the conditions that apply to the preliminary plat approval and that must be satisfied before the final plat may be approved; and
(e) Set forth the time limit for approval, pursuant to division (J) below.
(J) Subdivision application and preliminary plat approval period.
(1) Upon approval or conditional approval of the preliminary plat, the Town Council shall provide the subdivider with a dated and signed statement of approval. The approval shall be in force for no more than three calendar years.
(a) At least 30 days prior to the expiration of the preliminary plat approval, the Town Council may, at its discretion, and at the written request of the subdivider, extend its approval for a period of one additional year.
(b) The Town Council may extend the approval for more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the Town Council and the subdivider, provided for in § 154.04.
(2) After the application and preliminary plat are approved, the Town Council may not impose any additional conditions as a prerequisite to final plat approval unless the preliminary plat approval expires.
(3) The Town Council may withdraw approval or conditional approval of an application and preliminary plat if it determines that information provided by the subdivider, and upon which the approval or conditional approval was based, is inaccurate.
(K) Minor subdivisions, amended application.
(1) If the subdivider changes the subdivision application or preliminary plat before the Town Council makes its decision, the subdivider shall submit the amended application or preliminary plat to the Subdivision Administrator for review.
(a) Within five working days of receiving the amended application or preliminary plat, the Subdivision Administrator shall determine whether the changes to the subdivision application or preliminary plat are material, as determined in division (K)(1)(c) below.
(b) The 35-working day review period is suspended while the Subdivision Administrator considers the amended application or preliminary plat.
(c) If the Subdivision Administrator determines the changes are not material, the 35-working day review period resumes when the Subdivision Administrator mails notice of the decision to the subdivider.
(d) If the Subdivision Administrator determines the changes are material, the Subdivision Administrator may require the subdivider to schedule a new pre-application meeting, and resubmit the application and preliminary plat as a new subdivision application.
(2) By making changes to a pending subdivision application or preliminary plat, the subdivider consents to suspension of the review period as provided in division (K)(1)(b) above.
(3) 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) Changes to proposed covenants; or
(g) Designated access.
(4) A subdivider whose subdivision application or preliminary plat has been deemed materially changed by the Subdivision Administrator may appeal the Subdivision Administrator’s decision to the Town Council. The subdivider may request a hearing, and may submit additional evidence to show that the changes to the preliminary plat are not material.
(a) The 35-working day review period is suspended until the Town Council decision on the appeal is made.
(b) If the Town Council concludes that the evidence and information demonstrate that the changes to the subdivision application or preliminary plat are material, the Town Council shall require the subdivision application and preliminary plat to be resubmitted pursuant to division (K)(4) above.
(c) If the Town Council concludes that the evidence and information demonstrate that the changes to the subdivision application or preliminary plat are not material, the 35-working day review period resumes as of the date of the decision.
(d) By appealing the decision of the Subdivision Administrator, the subdivider agrees to suspension of the 35-working day review period provided in division (E)(1) above.
(L) Minor subdivision final plat. The final plat must include the contents, and be submitted and reviewed in accordance with the appropriate requirements contained in § 154.05.
(Prior Code, § 11-14-11)
Statutory reference:
Review procedures for minor subdivisions, see MCA § 76-3-608(5)(b)