A. The City 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 imposed on the preliminary plat. The submission of a subdivision application constitutes a grant of permission by the property owner for the City and affected agencies to enter the subject property. Visible flagging on the property adequate to determine exterior boundaries of the proposed subdivision, park land dedication, and legal access may be required.
B. Review and approval, conditional approval, or denial of a subdivision under this chapter may occur only under those regulations in effect at the time that a subdivision application is determined to contain sufficient information for review as provided in this section.
C. If regulations change during the period that the application is reviewed for completeness and sufficient information, the determination of whether the application is complete and sufficient must be based on the new regulations. The completeness and sufficiency review time will start from the time of the adoption of the new regulations.
D. Within five (5) full working days of receipt of a subdivision application and fee, submitted in accordance with the application deadlines, the City shall determine whether the application contains all of the listed materials required by section 12-2-3 of this chapter and shall give written notice to the subdivider, or subdivider's designated agent, of the determination.
1. If the City determines that materials are missing from the application, the City will identify those materials that are not in the application by written notification to the subdivider, or subdivider's designated agent. The City will take no further action on the application until the missing materials are submitted.
2. In the event the missing materials are not provided by the subdivider or subdivider's designated agent within one year of notification to the subdivider of the incomplete application, all submitted application materials will be returned to the subdivider or subdivider's designated agent. Subsequent resubmittal of the subdivision application requires payment of a new application fee.
3. If the subdivider resubmits the application to correct deficiencies, the City has five (5) full working days to notify the subdivider, or subdivider's designated agent, whether the resubmitted application contains the listed materials that were missing from the initial application.
4. This process will be repeated until the subdivider submits an application that contains the elements initially identified as missing or the application is withdrawn.
E. Within fifteen (15) full working days after the City notifies the subdivider or subdivider's designated agent that the application contains all of the required materials, the City will determine whether the application and required materials contain detailed, supporting information that is sufficient to allow for the review of the proposed subdivision under the provisions of this title and State law and must notify the subdivider or subdivider's designated agent of the City's determination.
1. If the City determines that the information in the application is not sufficient to allow for review of the proposed subdivision, the City must identify the specific required information in its notification and the City will take no further action on the application until material is resubmitted to correct the insufficiency.
2. In the event sufficient information is not received by the City within one year of notification to the subdivider or subdivider's designated agent of any insufficiency, all application materials will be returned to the subdivider or subdivider's designated agent. Subsequent resubmittal of the subdivision application requires payment of a new application fee.
3. If the subdivider resubmits the application to correct any insufficiencies, the City has fifteen (15) full working days to notify the subdivider or subdivider's designated agent whether the resubmitted application and required elements contain detailed, supporting information that is sufficient to allow for review of the proposed subdivision under provisions of the Montana Subdivision and Platting Act and these regulations.
4. This process will be repeated until the subdivider submits an application that contains detailed, supporting information that is sufficient for review of the proposed subdivision under the provisions of State law and this chapter, or the application is withdrawn.
5. A determination that an application contains sufficient information for review does not ensure that the proposed subdivision will be approved or conditionally approved by the City Commission and does not limit the ability of City staff, the Parks Board, the consolidated Planning Board, or the City Commission to request additional information during the review process.
6. After the City has notified the subdivider or subdivider's designated agent that an application contains sufficient information as provided in this section, the Governing Body shall approve, conditionally approve, or deny a minor subdivision within thirty five (35) working days, or a major subdivision containing less than fifty (50) lots within sixty (60) working days, or a major subdivision containing fifty (50) or more lots within eighty (80) working days unless:
a. The subdivider and City Commission agree to an extension or suspension of the review period, not to exceed one year; or
b. A subsequent public hearing is scheduled and held in accordance with State law.
F. If the subdivider disagrees with the City's determination that the application is insufficient, the subdivider may appeal to the City Manager, providing the subdivider agrees in writing to an extension of the time limitations of section 76-3-604, Montana Code Annotated, and this chapter. The appeal must be made in writing. The City Manager or the Manager's designee shall render a written decision after receipt of the written appeal.
G. The City will make comments by public agencies or utilities available to the subdivider and to the general public upon request. (Ord. 3166, 9-23-2013)
H. A subdivider applying for phased development review shall submit with the phased development application an overall phased development preliminary plat on which independent platted development phases must be presented. The phased development application must contain the information required pursuant to section 12-2-3 of this chapter for all phases of a development and a schedule for when the subdivider plans to submit for review each phase of the development.
I. Except as otherwise provided by this section, the phased development application must be reviewed in conformity with this Code.
J. The subdivider may change the schedule for review of each phase of the development upon approval of the City Commission, after a public hearing, if the change does not negate conditions of approval or otherwise adversely affect public health, safety, and welfare.
K. Prior to submission of infrastructure plans for review for each phase, the subdivider shall provide written notice to the City Commission. The notice shall include any changes to the preliminary plat and an analysis of the phase as it relates to the primary review criteria and City regulations and standards. The City Commission must hold a public hearing pursuant to 76-3-605(3), Montana Code Annotated within thirty (30) working days after receipt of the written notice from the subdivider. After the hearing, the City Commission shall determine whether that phase contains any changes to primary criteria impacts or contains new information that create new potentially significant adverse impacts for the phase or phases.
L. Notwithstanding the provisions of 76-3-610(2), Montana Code Annotated, the City Commission must issue supplemental written findings of fact within twenty (20) working days of the hearing and may impose necessary, additional conditions to minimize potentially significant adverse impacts identified in the review of each phase of the development for changed primary criteria impacts or new information.
M. Any additional conditions must be met before final plat approval for each particular phase and the approval in accordance with 76-3-611, Montana Code Annotated, is in force for not more than three (3) calendar years or less than one calendar year unless the City Commission approves phased developments that extend beyond the time limits set forth in 76-3-610, Montana Code Annotated, but all phases of the phased development must be submitted for review and approved, conditionally approved, or denied within twenty (20) years of the date the overall phased development preliminary plat is approved by the City Commission. (Ord. 3245, 10-29-2018)