(A) General.
(1) The subdivider is responsible for submitting the preliminary plat application and ensuring that the subdivision conforms to the design standards in §§ 11.02.060.010 through 11.02.060.270, all applicable forms in the § 11.02.100.010,, and that it meets the review criteria in § 11.02.050.005 through 11.02.050.060.
(2) The subdivider is advised to address in the application package comments and questions raised at the pre-application meeting.
(B) Preliminary plat application contents. The subdivider shall submit to the Administrator an application package consisting of one paper copy and one electronic copy in either a word or PDF file. The application package should include all of the elements listed below, as identified in the pre-application meeting:
(1) Preliminary plat application form: the form shall be signed by the property owner(s) and subdivider;
(2) Preliminary plat/plan;
(3) Review fee;
(4) Tract of record: the application shall specify and provide documentation of the legal existence of the tract(s) of record being divided;
(5) Proof of minor subdivision eligibility: if the subdivision is proposed as a minor subdivision as defined in § 11.02.020.030, documentation of the original tract of record as of July 1, 1973 and copies of each certificate of survey, subdivision plat(s) or other division pertaining to that tract of record since July 1, 1973;
(6) Agricultural covenants: if the subject property was created with an agricultural covenant per MCA § 76-3-207(1)(c), the application shall contain a written request to revoke the covenant;
(7) Site location map (vicinity map);
(8) Aerial photo of property to be subdivided;
(9) Lot layout: show existing structures, proposed building sites, riparian areas, and ponds, lakes and other water bodies;
(10) Narrative summary: one-page narrative summary of the proposed subdivision;
(11) Plan for phased development: if the subdivider does not intend to install all improvements, including roads and electricity to each lot in the subdivision by final plat, then a plan to phase the subdivision is required to be submitted with the preliminary plat application;
(12) Preliminary title report or commitment: copies of all filed documents referenced in the title report shall be submitted with the application;
(13) Existing and proposed easements: shall be shown on the plat and identified as to purpose and with record references (e.g., book/page) for existing easements;
(14) Legal and physical access: the subdivision plat shall include documentation of legal and physical access to the subdivision and each proposed lot;
(15) Zoning compliance: information to demonstrate compliance with zoning regulations;
(16) Request for variance: a request for variance is required for any component of the subdivision that does not conform to the requirements of §§ 11.02.060.010 through 11.02.060.270;
(17) Environmental assessment or summary of probable impacts: refer to §§ 11.02.020.010 and 11.02.020.040 to determine if an environmental assessment or a summary is required;
(18) Proposed mitigation: description of any proposed mitigation for significant impacts;
(19) Agency comment: a list of agencies contacted by subdivider and all correspondence;
(20) Adjoining property owners: names and addresses of all adjoining property owners;
(21) Proposed street or road plans;
(22) Traffic impact study: required where the subdivision will add more than 750 vehicle trips per day;
(23) Grading plan: for any areas proposed for surface disturbance, including roads;
(24) Stormwater drainage plan: for any areas proposed for roads, for facilities (including swales or detention areas) that will serve more than one lot, and as required by the local public health office and/or DEQ;
(25) Water and sanitation: as required in MCA § 76-3-622;
(26) Solid waste management;
(27) Irrigation: information for existing and proposed irrigation on or adjacent to the subdivision, including any proposal to remove water rights from the property;
(28) Utilities: description of existing and proposed utilities;
(29) Proposed parkland: proposal to meet parkland dedication requirement;
(30) Fire suppression plan;
(31) Mineral rights: status of existing mineral rights (as known) and proposed disposition of those rights;
(32) Assessment of cultural and historic characteristics;
(33) Draft property owners’ association documents, including draft articles of incorporation, declaration and by-laws, and covenants; and
(34) Mail delivery.
(C) Preparing the application. It is the subdivider’s responsibility to provide sufficient information in the application to show that significant impacts can been mitigated.
(1) Coordination with agencies and interested parties. Prior to submitting an application, the subdivider is advised to coordinate with agencies and consider their comments in the design of the subdivision. The Administrator will have identified an initial list of relevant agencies at the pre-application meeting. Correspondence with agencies should be submitted with the application. Contacting agencies does not preclude the Administrator from contacting the same agencies during preliminary plat application review.
(2) Consideration for installing improvements. As part of the subdivision approval process, the subdivider may be required to install capital improvements, such as, but not limited to, roads, sidewalks, streetlights, water, and sewer, or secure a financial guarantee for their installation. While preparing the application, the subdivider should be aware of these costs and plan for the expenditures prior to final plat approval.
(D) Submitting the application.
(1) Generally. The subdivider shall submit a complete application to the Administrator consisting of one paper copy and one electronic copy in either a Microsoft Word or PDF file.
(a) When a subdivision lies partly within an incorporated municipality and partly in the county. If the proposed subdivision lies partly within the city and partly within the unincorporated area of the county, and a portion of the subdivision is proposed to remain in the county, the application and preliminary plat must be submitted to the City Administrator and to the County Administrator. Both the city and county governing bodies issue decisions on the application.
(b) When a subdivision is in an unincorporated area and proposed to be annexed (also see § 11.02.030.050). If the subdivider proposes to annex a subdivision located in the unincorporated county into the city, the subdivider shall submit the proposal to the Administrator of the municipality and the municipality shall proceed with review for annexation and subdivision.
(2) Permission to enter.
(a) The City Council, Planning Board, Administrator or affected agencies identified during the pre-application meeting may investigate, examine and evaluate the site of the proposed subdivision to verify information provided by the subdivider, and to subsequently monitor compliance with any conditions if the preliminary plat is approved conditionally.
(b) 1. The submission of a subdivision application constitutes a grant of permission to enter for this purpose.
2. This consent also applies to members of the public attending any noticed public meeting at the site of the proposed subdivision.
(Prior Code, § 11.02.030.030) (Ord. 151, passed 6-20-2016)