(A) General. Once the application is declared to have the required elements according to § 11.02.030.030, the Administrator shall solicit agency comments.
(B) Agencies to be contacted.
(1) The Administrator shall contact the agencies according to § 11.02.030.010(B), identified during the pre-application meeting.
(2) If the Administrator contacts additional entities during the review process, the Administrator shall notify the subdivider of the contact and the timeframe for response.
(C) Comments received. The Administrator shall provide the subdivider with copies of comments received. The subdivider shall submit copies of any other comments received, including those from agencies and utilities, to the Administrator.
(D) Limitations of agency comment.
(1) As required by MCA § 76-3-504(1)(I), review and comment by public agencies, utilities or those with a substantial interest may not delay the City Council’s action on the subdivision application beyond the review period. Failure of any agency to complete a review of an application may not be a basis for rejection of the application by the City Council.
(2) State or federal governmental entities that have been involved in an effort to acquire or assist others in acquiring an interest in the real property of the subdivision are required to disclose that information prior to submitting comments, opinions or information.
(E) Coordination between counties and incorporated municipalities. State law identifies specific coordination between counties and municipalities. These requirements are addressed below.
(1) When the subdivision lies partly within an incorporated municipality. If the proposed subdivision lies partly within the city and partly within the unincorporated area of the county, the application and preliminary plat must be submitted to and approved by both the city and county governing bodies. The subdivider is responsible for submitting the application to both municipal and county governing bodies.
(2) Municipalities; when annexation is proposed. If a subdivision or portion of a subdivision is proposed to be annexed into the city, the following process shall be followed.
(a) If an entire existing parcel is proposed to be annexed and then subdivided, the subdivider shall submit the proposal to the municipality and the municipality shall proceed with review for annexation and subdivision. The municipality shall notify the County Administrator of the proposed annexation and subdivision. The municipality shall coordinate subdivision and annexation procedures to minimize duplication of hearings, reports and other requirements whenever possible. The municipality shall not make an official determination to approve, approve with conditions or deny a subdivision until the area of the subdivision is annexed into the city.
(b) If the area to be annexed includes only a portion of an existing tract of record and a portion in the unincorporated area of the county, the subdivision shall be reviewed by both the county and the municipality. The following is recommended to coordinate review:
1. Administrators for the county and municipality meet as early as possible to discuss the proposed subdivision, overlapping issues and make a recommendation on coordination to the governing bodies;
2. The governing bodies shall direct the administrators as to the preferred method of coordination;
3. The most coordinated approach is joint review for subdivision and annexation, with one staff report prepared for both jurisdictions, and with Planning Board meetings and/or hearings held jointly, and for the governing bodies to also meet jointly;
4. An alternative approach is for each local government to conduct separate but concurrent reviews, the county for subdivision review and the municipality for annexation and subdivision. If this alternative is selected, the local governments shall share all reports and meeting/hearing notices. The municipality shall coordinate its subdivision and annexation procedures to minimize duplication of hearings, reports and other requirements whenever possible; and
5. If the governing bodies of the county and municipality approve of the subdivision to be annexed, the county shall first approve the subdivision with the condition of annexation; and the municipality shall then approve the annexation and the subdivision.
(Prior Code, § 11.02.030.060) (Ord. 151, passed 6-20-2016)