A. After approval of the preliminary plat by the City Commission, the subdivider may present a final plat to the City Commission for approval. Portions of an approved preliminary plat will not be approved for final plat unless the portion has been reviewed as a part of a phased development and the portion represents an entire phase.
B. Prior to submitting a final plat application:
1. The applicant must submit a certificate of title, a title insurance policy, or a report from a title insurance company on the condition of title to the property proposed for subdivision that identifies the owners of record of the property, lienholders or claimants of record, encumbrances, easements and restrictions of record, and all other conditions of title of public record, and accompanied by a guarantee of the accuracy of the report from the title insurance agent or its underwriter;
2. When the park dedication is in the form of a cash donation, the applicant must provide one of the following to verify the fair market value of the unsubdivided, unimproved land:
a. A comparative market analysis performed by a licensed realtor;
b. A raw land appraisal by a licensed appraiser; or
c. The sale price of the property being subdivided if it was purchased within one year of the date of the subdivision final plat application submittal.
3. The applicant must submit documentation verifying park dedication is in compliance with required benefits stated in 76-3-621, Montana Code Annotated, and assures long term protection of lands used for meeting the required park dedication but ownership is not transferred to the City of Helena.
C. The final plat application and all supporting documents must be submitted to the City at least sixty (60) working days prior to the expiration of subdivision approval to allow for review prior to plat expiration. The final plat application must contain the information and be in the format as required by State law and include the following:
1. The final plat application;
2. The final plat review fee;
3. A written summary and supporting documentation verifying how each condition of preliminary plat approval has been satisfied;
4. Written consent to subdivide from lienholders or claimants of record;
5. Approval from the City Public Works Department indicating acceptance of installed infrastructure;
6. Signed public improvements agreement and approved financial guarantee when applicable;
7. A Municipal facilities exemption or subdivision approval from the Department of Environmental Quality;
8. Verification from the Parks and Recreation Department for any required park land dedication and improvements or payment of cash in lieu thereof is in compliance with the preliminary plat as approved by the City Commission;
9. Deeds conveying title to the City for dedicated properties such as parks and stormwater facilities;
10. Show public utility easements within the subdivision with the correct dimensions and location and provide easement agreements to the City for any City utilities not in rights-of-way;
11. When ownership of infrastructure improvements that are intended to be transferred to the City affect a third party easement, documentation from that entity verifying the work within their easement is in compliance with their easement;
12. A copy of MDT access permit or agreement for highway intersection and other required MDT access;
13. A legal description of the subject property and a copy of the last recorded conveyance document for the subject property;
14. Verification that all taxes and assessments on the property have been paid in full; and
15. Verification that an examining land surveyor has reviewed and approved the final plat.
16. Addressing Coordinator approval of street names; and
17. Three (3) copies of the final plat, completed in accordance with the uniform standards for final subdivision plats, and either one (1) eleven inch by seventeen inch (11" x 17") or one (1) eight and one-half inch by eleven inch (81/2" x 11") copy. The subdivider also must submit the final plat and application materials to the City in a PDF format.
D. The City will not accept, begin processing, or schedule any actions on a final plat submittal until a complete application, payment of fee, and copies of the final plat have been received. A final plat is considered to be received on the date of delivery to the Community Development Department when accompanied by the review fee.
E. Within twenty (20) working days of receipt of a final plat, the Community Development Department shall determine whether the final plat contains the information required under subsection C of this section and shall notify the subdivider or, with the subdivider's written permission, the subdivider's agent of that determination in writing. If the City determines that the final plat does not contain the information required under subsection C of this section the City shall identify the final plat's defects in the notification.
F. The City may review subsequent submissions of the final plat only for information found to be deficient during the original review of the final plat under subsection E of this section.
G. The time limits provided in subsection E of this section apply to each submission of the final plat until a written determination is made that the final plat contains the information required under subsection C of this section and the subdivider or the subdivider's agent is notified.
H. If a determination is made under subsection E of this section that the final plat contains the information required under subsection C of this section, the City Commission shall review and approve or deny the final plat within twenty (20) working days.
I. The subdivider or the subdivider's designated agent and the Community Development Department may mutually agree in writing to extend the review periods provided for in this section and establish the timeframes for the extension and any relevant parameters.
J. If the City determines that the final plat differs materially from the approved or conditionally approved subdivision, the subdivider is required to submit an amended application pursuant to this chapter.
K. The Community Development Department shall review the conditions of approval to see if they have been satisfied and prepare a written recommendation to the City Commission on whether the final plat should be approved for filing.
L. The City Commission shall approve or deny the final plat. After the City Commission's review and action, the original and one copy of the final plat must be returned to the subdivider.
M. The City Commission shall approve the final plat if:
1. It conforms to the conditions set forth in the subdivision approval and the terms of applicable law and regulations promulgated thereunder, including the uniform standards for final subdivision plats; and
2. The Lewis and Clark County Treasurer has certified that all Real Property Taxes and special assessments levied and assessed on the land to be subdivided have been paid.
N. If the final plat is denied, the grounds for denial must be stated in the records of the City Commission and a copy sent to the subdivider. The subdivider may make the necessary corrections and resubmit the final plat for approval.
O. The subdivider shall file the approved and signed final plat with the Lewis and Clark County Clerk and Recorder, and deliver a copy of the final plat to the Community Development Department. Any dedications must be accepted by specific action by the City Commission and noted on the final plat. (Ord. 3245, 10-29-2018)