(A) Purpose. This subchapter addresses how the Planning Board shall hold public meetings and hearings in order to review and make recommendations upon a subdivision application. The Planning Board review only applies to major subdivisions, delegating its responsibilities for minor subdivisions to the Administrator, as authorized under MCA § 76-1-107(2).
(B) Planning Board materials. The Administrator shall forward the application, staff report, agency comments, subdivider’s preference for mitigation and any public comments to the Planning Board at least seven days prior to the scheduled meeting.
(C) Planning Board public hearing.
(1) Notice requirements. The Planning Board shall hold a public hearing for all major subdivisions. The Administrator shall prepare the hearing notice and post the notice as follows:
(a) Notice of the hearing must be given by publication in a newspaper of general circulation in the county not less than 15 days prior to the date of the hearing;
(b) The subdivider, each property owner of record whose property is immediately adjoining the land included in the preliminary plat, and each purchaser under contract for deed of property immediately adjoining the land included in the preliminary plat must also be notified of the hearing by registered or certified mail not less than 15 days prior to the date of the hearing;
(c) The notices described above shall also include descriptions of any requests for variances that are being considered with the application;
(d) At least 15 days prior to the public hearing, the Administrator shall post in a conspicuous place on the proposed subdivision site and/or adjacent right-of-way a notice of the meeting/hearing; and
(e) In the event that the Planning Board has completed the public hearing but needs additional time for review or making a recommendation, the discussion will follow the process for a meeting rather than a public hearing and the meeting shall be noticed at least 48 hours in advance.
(2) Public hearing. The public hearing, held by the Planning Board, will be advertised as required by state law and these regulations. The public hearing will be conducted at the time and place as advertised. According to the meeting agenda, the public hearing is open for persons to speak for or against the project, or to seek additional information from the applicant or the Administrator. A time limit may be established for each speaker. The public is encouraged to provide a factual basis for their support or opposition to a proposed subdivision.
(D) Planning Board recommendation.
(1) Information to be considered. The Planning Board’s recommendation to approve, conditionally approve or deny the proposed subdivision shall be based on review of the subdivision application, preliminary plat, applicable environmental assessment, public comment, staff report and other additional information submitted or prepared in the review of the subdivision.
(2) Review criteria. The Planning Board shall base its recommendations on the same review criteria the City Council uses to make its decision (see §§ 11.02.050.005 through 11.02.050.060), except that the Planning Board is making recommendations and the City Council is making decisions.
(3) Planning Board written recommendation. Within ten working days after the Planning Board’s public hearing, the Planning Board shall submit in writing, to the subdivider and the City Council, the following information:
(a) Recommendation for approval, conditional approval (including any recommended conditions and/or mitigation measures) or denial of the subdivision application and preliminary plat;
(b) Disclosure of any preferences for mitigation expressed by the subdivider to the Planning Board;
(c) Recommended findings of fact based on review of the submittal requirements and analysis of the impacts in the review criteria (see §§ 11.02.030.010 through 11.02.030.110 and 11.02.050.005 through 11.02.050.060);
(d) Recommendation for approval or denial of any requested variances (based on review criteria for variances in §§ 11.02.050.005 through 11.02.050.060), including any proposed conditions for approval, and a statement describing the facts and conditions upon which the approval, conditional approval or denial of the variance is based;
(e) Recommended time period of the preliminary plat approval of not less than one calendar year or more than three calendar years, and any recommendation regarding extensions (see §§ 11.02.050.010 and 11.02.050.040 for review criteria for determining time periods and extensions);
(f) Summary of public comments received, including any public comments regarding water and sanitation information;
(g) Staff report as submitted to the Planning Board; and
(h) The Administrator shall compile the items listed above after the Planning Board hearing or meeting and submit to the Planning Board chair for approval. Once approved, the Administrator shall submit the package to the City Council on behalf of the Planning Board within the ten working day deadline.
(E) Amended applications. If the subdivider amends the application prior to the Planning Board public hearing for major subdivisions, or prior to the City Council meeting for minor subdivisions, the procedures in § 11.02.050.050 shall apply.
(Prior Code, § 11.02.030.090) (Ord. 151, passed 6-20-2016)