A. The City Commission shall review the subdivision application within the time provided by law unless the subdivider consents to an extension of the review period. The review must be done at a public hearing held by the City Commission on the subdivision unless the subdivision is exempt from the requirement to hold a public hearing.
B. The subdivider will be given first opportunity to present information and evidence in support of the subdivision at the start of the public hearing, after the informational presentation by the Community Development Department. After the public has concluded giving comments and information, the subdivider must be allowed an opportunity to provide additional information that explains or rebuts questions and issues raised previously by the public.
C. Upon an objection made at the hearing, the City Commission shall determine whether public comments or documents presented to the City Commission at a public hearing regarding a subdivision application constitute new information requiring a subsequent hearing in compliance with section 76-3-615, Montana Code Annotated.
D. If the City Commission desires additional information and research before rendering its decision, it may postpone its decision and request the additional information and research so long as the decision will be rendered within the times provided by law, including extensions of time agreed to by the subdivider.
E. The City Commission may only rely on information on the record and shall consider the primary review criteria in section 76-3-608(3), Montana Code Annotated, and whether the proposed subdivision complies with State law, this title, title 11 of this Code, other rules and regulations in effect for the property being subdivided, and whether the proposed subdivision substantially complies with the City growth policy.
F. Following any decision by the City Commission to approve, conditionally approve, or deny the proposed subdivision, it shall prepare written findings of fact that discuss the proposed subdivision's compliance with these regulations and State law and send the subdivider a letter, with the appropriate signature, and make the letter available to the public within thirty (30) working days following the City Commission decision. The letter shall:
1. Contain information regarding the appeal process for the denial or imposition of conditions;
2. Identify the regulations and statutes that were used in reaching the decision to deny or impose conditions and explain how they apply to the decision;
3. Provide the facts and conclusions that the Governing Body relied upon in making its decision, and reference documents, testimony, or other materials that form the basis of the decision;
4. Provide the conditions that apply to the subdivision approval and that must be satisfied before the final plat may be approved; and
5. Include a copy of the approved preliminary plat. (Ord. 3166, 9-23-2013)
G. The City Commission preliminary plat approval must be in force for at least one year, but no more than three (3) calendar years. No earlier than six (6) months but no less than sixty (60) days prior to the expiration of the preliminary plat approval the subdivider may request the City Commission extend its approval of the preliminary plat for a mutually agreed-upon period of time. Any preliminary plat approval extension requests in excess of three (3) years must be reviewed following a public hearing. The City Commission may issue more than one extension.
1. At least sixty (60) days prior to the expiration of the preliminary plat approval, but no earlier than six (6) months prior to the expiration of the preliminary plat approval, the subdivider may submit a written request for an extension of that approval. The subdivider must include:
a. The reasons for requesting an extension;
b. A description of the extenuating circumstances beyond the control of the subdivider that delayed the completion of the conditions of approval;
c. A description of what progress has been made toward meeting the conditions of approval;
d. An agreement that the infrastructure design and installation will comply with the design standards in place at the time of plan submittal; and
e. An evaluation of the provision of services and public facilities in the area of the subdivision that may be disrupted by the extension of the preliminary plat approval.
2. After determining that the subdivider has submitted bona fide grounds for the extension, the City Commission may grant an extension of the preliminary plat approval for a mutually agreed upon period of time established in writing and signed by the members of the City Commission.
3. The criteria to be considered by the City Commission in deciding whether to grant an extension of the preliminary plat approval include, but are not limited to, the following:
a. Changes in the subdivision regulations since preliminary plat approval and whether the subdivision is substantially compliant with the new regulations;
b. Phasing of the subdivision and the ability for existing development to be served by City services independent of future improvements;
c. Dependence on other development on any public infrastructure to be installed with the subdivision; and
d. Whether or not any changes to the primary criteria impacts identified in the original preliminary plat approval or any new information not previously considered exists that creates any new potentially significant adverse impacts that would support denial of the subdivision extension request. Additional conditions may not be imposed as a condition of extension of the preliminary plat approval. (Ord. 3245, 10-29-2018)