(A) Information to be considered. The City Council’s decision to approve, conditionally approve or deny the proposed subdivision shall be based on review of the subdivision application, preliminary plat, applicable environmental assessment, public hearing, public comment, Planning Board recommendations, staff report and other additional information submitted or prepared in the review of the subdivision.
(B) Review criteria. The basis for the City Council’s decision to approve, conditionally approve or deny the proposed subdivision shall be based on the criteria in §§ 11.02.050.005 through 11.02.050.060.
(C) Decision on variances.
(1) If a variance is requested, the City Council shall review the request for compliance with the criteria in § 11.02.050.030, taking into consideration the request for variance and information submitted by the subdivider to support the request, public comment, Planning Board recommendation, staff report or additional information.
(2) The City Council should review the request for variance prior to finalizing a decision on the subdivision application because the decision on the variance may affect aspects of the subdivision.
(D) Subdivider’s preference for mitigation.
(1) The City Council must consult with the subdivider and give due weight and consideration to the subdivider’s expressed preferences.
(2) The City Council is not, however, required to accept the subdivider’s preferred mitigation.
(3) Any acceptable mitigation must reduce negative impacts to acceptable levels.
(4) If the subdivider’s preference for mitigation appears to result in a substantial change in the application, it shall be reviewed according to § 11.02.050.050.
(E) City Council’s written statement. Pursuant to MCA § 76-3-504(1)(r), the City Council must provide the subdivider a letter summarizing the decision and materials supporting the decision within 30 working days of the decision. The letter and materials shall include the following:
(1) The decision to approve, approve with conditions or deny the subdivision, dated and with appropriate signature of the City Council;
(2) Conditions that apply to preliminary plat approval that must be satisfied before the final plat may be approved;
(3) Effective time period of the preliminary plat approval of not less than one calendar year or more than three calendar years, and any requirements regarding extensions;
(4) Decision for approval or denial of any requested variances (based on review criteria for variances in § 11.02.050.030), 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;
(5) Information on the appeal process for denial or imposition of conditions;
(6) Findings of fact that weigh the review criteria;
(7) Identification of the regulations and statutes that were used in reaching the decision to deny or impose conditions and an explanation of how they apply to the decision to deny or impose conditions;
(8) Any public comments related to water and sanitation that have not already been submitted to the subdivider;
(9) Notice to the subdivider that public comments related to water and sanitation must be included as part of the application for sanitation approval (as required by MCA § 76-3-604(7)(b)).
(10) The Administrator shall compile all required components of the letter for approval and signature by the City Council.
(F) Appeals.
(1) A person who has filed with the City Council an application for a subdivision under this chapter may bring an action in District Court to sue the City Council to recover actual damages caused by a final action, decision, or order of the City Council or these regulations that is arbitrary or capricious.
(2) A party identified in the following subchapter who is aggrieved by a decision of the City Council to approve, conditionally approve or deny an application and preliminary plat for a proposed subdivision or a final subdivision plat may, within 30 days from the date of the written decision, appeal to County District Court.
(a) The petition must specify the grounds upon which the appeal is made.
(b) The following parties may appeal under the provisions of the preceding subchapter:
1. The subdivider;
2. A landowner with a property boundary contiguous to the proposed subdivision or a private landowner with property within the county or municipality where the subdivision is proposed if that landowner can show a likelihood of material injury to the landowner’s property or its value;
3. The County Commissioners of the county where the subdivision is proposed; and
4. Municipalities, as described in MCA § 7-1-4111, if a subdivision is proposed within:
a. Three miles of a first-class municipality;
b. Two miles of a second-class municipality; and
c. One mile of a third-class municipality.
(3) For the purposes of this subchapter,
AGGRIEVED means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the decision.
(Prior Code, § 11.02.030.110) (Ord. 151, passed 6-20-2016)