A. The use of any exemption set forth in sections 76-3-201 and 76-3-207, Montana Code Annotated, for the purposes of evading subdivision review, city zoning regulations, or installation of infrastructure such as access, water, and wastewater, is prohibited. (Ord. 3166, 9-23-2013)
B. Any division or aggregation of land that is exempt from subdivision review must be certified by the Director of Community Development or a designated representative and the City Engineer or a designated representative that the exemption is applicable. The property owners shall submit an electronic copy of the following information to show entitlement to exemption and compliance with this Code:
1. The last recorded deed or other documentation of ownership of all affected property;
2. The most recently filed plat or certificate of survey;
3. A proposed amended plat or certificate of survey showing legal and physical access to each lot, and the proposed configuration of the tracts in compliance with survey requirements;
4. A list of prior divisions of land or reconfiguration of the particular tract in question without local government review and previous exemptions used for the divisions or reconfigurations;
5. A site plan showing access to adequate water and wastewater mains and fire hydrants;
6. A diagram showing that any structures on the subject lots are in compliance with zoning;
7. A document showing the location, width, and purpose of all easements on the subject property or off-site easements that may impact the provision of services, stormwater, and access;
8. For divisions made outside of platted subdivisions for the purpose of a single gift or sale to a member of the property owner's immediate family, verification that the family member is the spouse of the grantor, or whether by blood or adoption a son, daughter, mother, or father of the grantor; and
9. A complete and correct application must be resubmitted within one year of notification of an incomplete application. Resubmittal of the application beyond that time frame requires a new application.
C. The City shall consider the following in determining whether a proposed plat or certificate of survey using the exemptions provided in 76-3-201, Montana Code Annotated or 76-3-207, Montana Code Annotated is an attempt to evade subdivision review:
1. An exempt plat or certificate of survey may not be certified or approved for filing when the original lots or parcels have legal and physical access to public ways, are served by water and wastewater mains that are built to City Engineering Standards and all required stormwater facilities have been provided and the proposed plat or certificate of survey configuration creates lots or parcels without those services. The installation of required public improvements under this section may be deferred pursuant to this chapter.
2. An amended plat or certificate of survey which includes lots or parcels that do not have legal and physical access to public ways, are not served by water and wastewater mains that are compliant with City standards, and on which all required stormwater facilities are not included must place a development restriction on those lots or parcels on the amended plat or certificate of survey and any instrument transferring title thereto. (Ord. 3245, 10-29-2018)
D. The City shall review evidence submitted by the subdivider requesting an exemption and will determine if the proposal is an attempt to evade subdivision review. The Department of Community Development will notify the subdivider in writing if the exemption is disallowed.
E. Any person whose proposed use of an exemption has been denied by the Director of Community Development because the proposed division of land has been deemed an attempt to evade subdivision regulations may appeal the decision to the City Commission by filing a written appeal with the City Manager within twenty (20) days of the date of written denial. The City Manager will place the requested appeal on the City Commission agenda and notify the subdivider of the meeting.
F. If the City Commission concludes that the evidence and information support that the exemption is not being invoked to evade subdivision regulations, it may authorize the use of the exemption in writing. A certificate of survey claiming an exemption from subdivision review, which otherwise is in proper form, and which the City Commission has found is not an attempt to evade subdivision regulations, may be filed or an instrument of conveyance recorded if it is accompanied by written authorization of the City. (Ord. 3166, 9-23-2013)