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The subdivider may file an administrative subdivision plan application under the following circumstances. Administrative subdivision plans may only be used to create lots, as expressly described below.
A. Existing places of worship and institutional uses. A lot may be created for existing facilities such as places of worship, private schools, country clubs, private institutions, and similar uses located on unplatted parcels if:
1. the applicable requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat;
2. any required road dedications, or covenants for future dedications, are shown on the record plat;
3. forest conservation plan approval and stormwater management and environmental protection requirements, if applicable, are satisfied before approval of the plat;
4. it is located in a special protection area and all applicable special protection area requirements and guidelines are satisfied before approval of the plat;
5. a landscaping and lighting plan including the parking lot layout is submitted for Planning Department Staff approval before approval of the plat; and
6. all conditions of any conditional use approval, to which the property may be subject, remain in full force.
B. Subdivision for creation of certain residential lots located in the Agricultural Reserve zone. Up to 5 lots for detached houses may be created under these procedures in the AR zone if:
1. written approval for a proposed well and septic area is received from the Department of Permitting Services before approval of the plat;
2. any required road dedications and public utility easements along the frontage of the proposed lots are shown on the record plat, and the applicant provides any required improvements;
3. the requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat;
4. a covenant is recorded for the unplatted balance of the tract noting that density and development rights have been used for the new lots and noted on the record plat for the lots;
5. lots created in the AR zone through this procedure are 5 acres or less, unless approved by the Board; and
6. forest conservation plan approval and stormwater management and environmental protection requirements, if applicable, are satisfied before approval of the plat.
C. Subdivision for creation of certain residential lots. Up to 3 lots for detached houses may be created in any residential or rural residential zone under these procedures if:
1. the lots are approved for standard method development;
2. written approval for any proposed well and septic area is received from the Department of Permitting Services, Well and Septic Section before approval of the plat;
3. any required road dedications and associated public utility easements are shown on the plat and the applicant provides any required improvements;
4. the requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat; and
5. forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat.
D. Consolidation of an existing lot with another lot or part of a lot in a nonresidential zone. In a nonresidential zone, a lot may be created by combining existing adjoining lots, or a lot and a part of a previously platted lot, if:
1. the lots or parts of lots are:
a. created by the same subdivision, and any applicable conditions of the original subdivision approval, including limits on density, remain in effect; or
b. created by a subdivision approval without specific density limits and the new lot is limited to the density of the existing development;
2. any required road dedications and public utility easements along the frontage of the proposed lots are shown on the record plat, and the applicant must provide any required improvements;
3. where new development is proposed, the requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat;
4. forest conservation plan, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and
5. when located in a special protection area, all applicable special protection area requirements and guidelines are satisfied before the Board approves the plat.
For the purposes of this section, a part of a lot that qualifies for the exemption stated in Subsection 3.3.B.2 may be used in lieu of a whole lot.
E. Subdivision application for property to be used as Signature Business Headquarters under Section 3.5.8.D of the Zoning Ordinance. A lot or lots created for a Signature Business Headquarters may be approved if:
1. the Planning Board approves a Signature Business Headquarters plan under Section 59-7.3.5, including a finding of adequate public facilities under the standards of Section 50-4.3.J, before approval of the plat;
2. any required road dedications, or covenants for future dedications, and associated public utility easements are shown on the record plat;
3. forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and
4. when located in a special protection area, all special protection area requirements are satisfied before approval of the plat.
F. Subdivision application for property to be used as Biohealth Priority Campus under Section 3.5.8.E of the Zoning Ordinance. A lot created for a Biohealth Priority Campus may be approved if:
1. the Planning Board approves a Biohealth Priority Campus plan under Section 59-7.3.6, including a finding of adequate public facilities under the standards of Section 50-4.3.J, before approval of the plat;
2. any required road dedications, or covenants for future dedications, and associated public utility easements are shown on the record plat;
3. forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and
4. when located in a special protection area, all applicable special protection area requirements and guidelines are satisfied before approval of the plat.
G. Subdivision application for property to be used as a Mixed-Income Housing Community under Section 3.3.4 of the Zoning Ordinance. A lot created for a Mixed-Income Housing Community may be approved if:
1. the Planning Board approves a Mixed-Income Housing Community plan under Section 59-7.3.7, including a finding of adequate public facilities under the standards of Section 50-4.3.J, before approval of the plat;
2. any required road dedications, or covenants for future dedications, and associated public utility easements are shown on the record plat;
3. forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and
4. when located in a special protection area, all applicable special protection area requirements and guidelines are satisfied before approval of the plat. (Ord. No. 13-57, §4; Ord. No. 16-54; Ord. No. 17-10, §1; Ord. No. 17-30, §1; Ord. No. 17-32, §1; Ord. No. 18-19, §2; Ord. No. 18-46, §1; Ord. No. 19-22, §5; Ord. No. 19-28, §1; Ord. No. 20-04, § 1.)
A. Filing. The Applicant must file the administrative subdivision plan and applicable supporting information under Subsection 4.1.C, together with an application form and fee to satisfy Subsection 4.1.A.
B. Application processing.
1. The applicant must submit an initial application to the Director. The Director must review the application for completeness within 5 days after receipt. An application is incomplete if any required element is missing or is facially defective, e.g., a drawing that is not to scale. The assessment of completeness must not address the merits of the application.
2. The applicant must resubmit a revised application within 10 days from the date of the written rejection, or the application will be automatically withdrawn. The Director must review the revised application for completeness within 5 days after receipt.
3. The administrative subdivision plan is deemed filed when the application has been accepted as complete for review.
4. Public notice is required per a regulation approved under Section 10.1.
C. The drawing. An administrative subdivision plan must contain sufficient information relevant to the aspects of the submission. The plan must include the generalized layout of the subdivision and any other features or information needed to support submission of a plat. (Ord. No. 13-57, §4; Ord. No. 16-54; Ord. No. 17-10, §1; Ord. No. 17-30, §1; Ord. No. 17-32, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §5.)
A. Referral of plan. Immediately after accepting an application, the Director must send a copy to the Development Review Committee and other reviewing agencies for the agencies’ comments concerning the plan. The Development Review Committee must provide recommendations to the Director on the administrative subdivision plan at or before the committee meeting.
B. Action on an administrative subdivision plan.
1. Director Action. An administrative subdivision plan may be approved by the Director without a public hearing if no objection to the application is received within 30 days after the application notice is sent. After receiving the recommendations of the Development Review Committee and other reviewing agencies, and considering correspondence from other interested parties, the Director must approve or disapprove the administrative subdivision plan in writing.
2. Planning Board Action. If an objection is received within 30 days after the application notice is sent, and the Director considers the objection relevant, a public hearing and action by the Board is required. The Director may also require that the plan be acted on by the Board when no objection is received. When applicable, the Director must schedule a Board hearing on its next available agenda.
3. All necessary improvements to support the development must be completed or assured under Section 10.2.
4. The Director must take action on an administrative subdivision plan or schedule a public hearing within 90 days after the date an application is accepted. The Director may postpone the public hearing once, by up to 30 days, without Board approval. The Director or applicant may request an extension beyond the original 30 days with Board approval. Any extension of the public hearing must be noticed on the hearing agenda with the new public hearing date indicated.
5. In making the findings required in Subsection 6.3.C, the Director or Board must consider the technical requirements under Section 4.3. In performing this review, the Director is authorized to perform any relevant action that is permissible to the Board under Section 4.3, except for the following:
a. Section 4.3.C.1.b, with respect to flag lots;
b. Section 4.3.C.1.c, with respect to lots without frontage on a public or private road; and
c. Section 4.3.D.5, with respect to reservation of land for public use.
C. Required Findings. To approve an administrative subdivision plan, the Director or Board must make the following findings:
1. the layout of the subdivision, including size, width, shape, orientation and density of lots, and location and design of roads is appropriate for the subdivision given its location and the type of development or use contemplated and the applicable requirements of Chapter 59;
2. the administrative subdivision plan substantially conforms to the master plan;
3. public facilities will be adequate to support and service the area of the subdivision;
4. all Forest Conservation Law, Chapter 22A requirements are satisfied;
5. all stormwater management, water quality plan, and floodplain requirements of Chapter 19 are satisfied;
6. any burial site of which the applicant has actual notice or constructive notice or that is included in the Montgomery County Cemetery Inventory and located within the subdivision boundary is approved under Subsection 4.3.M; and
7. any other applicable provision specific to the property and necessary for approval of the subdivision is satisfied.
D. Plan certification. Every administrative subdivision plan approved by the Board or the Director must be certified by the Director to confirm that the plan reflects the approval. Any modification of the plan conditioned by the approval must be included in the plan before receiving the approval stamp. The approved plan must be filed in the records of the Board.
E. Amendments. Any amendment to an approved administrative subdivision plan must follow the procedures, meet the criteria, and satisfy the requirements of this Division.
F. Plan validity.
1. Initiation date. The plan validity period for administrative subdivision plans starts on the later of:
a. 30 days from the date of mailing indicated on the Director’s written approval or the Board’s resolution; or
b. the date upon which the court having final jurisdiction acts, including the running of any further applicable appeal periods, if an administrative appeal is timely noted by any party authorized to file an appeal.
If a corrected resolution is issued, the initiation date remains the date of mailing indicated on the original resolution.
2. Duration.
a. An approved administrative subdivision plan remains valid for 3 years after its initiation date.
b. An administrative subdivision plan is validated when the applicant has secured all government approvals necessary to record a plat, and a plat for all property shown on the plan has been recorded in the County Land Records.
c. Any extension of the validity period must follow the procedures of Subsection 4.2.H.
d. For any action taken by the Director or Board to amend a previously approved administrative subdivision plan, the Director or Board will determine, on a case-by-case basis, whether the validity period should be extended and, if so, for what duration. In making the determination, the Director or Board must consider the nature and scope of the requested amendment.
e. Failure to timely validate or extend the validity period of an administrative subdivision plan is governed by Subsection 4.2.I.
G. Revocation or vacation of an administrative subdivision plan.
1. Revocation of an administrative subdivision plan must satisfy Subsection 4.2.J.
2. Vacation of an administrative subdivision plan must satisfy Subsection 4.2.K.
H. Appeal of an administrative subdivision plan.
1. Appeal to the Planning Board. After the Director issues a written decision on an administrative subdivision plan, an applicant or party who testified or submitted testimony on the plan may appeal the decision to the Board within 30 days.
2. Hearing. The Board must hold a de novo hearing on the appeal. The Board must adopt a written resolution explaining its decision. For purposes of judicial review, the decision of the Board is the final agency action. (Ord. No. 13-57, §4; Ord. No. 16-54; Ord. No. 17-10, §1; Ord. No. 17-30, §1; Ord. No. 17-32, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §5.)
A. Minor lot line adjustment. The sale or exchange of part of a lot between owners of adjoining lots for the purpose of small adjustments in boundaries, if:
1. the total area of the adjustment is 5 percent or less of the combined area of the lots affected by the adjustment;
2. additional lots are not created;
3. the adjusted lot line is approximately parallel with the original lot line or, if it is proposed to intersect with the original line, it does not significantly change the shape of the lots involved;
4. the owner submits a scaled drawing for review and approval by the Director. The drawing may be a copy of the existing record plat and must contain the following information:
a. proposed lot line adjustment as a dashed line;
b. any buildings, driveways, or other improvements located within 15 feet of the proposed adjusted lot line;
c. any minimum building setback that would be altered by the minor lot line adjustment; and
d. the amount of lot area affected by the minor lot line adjustment;
5. The drawing is approved, revised, or denied by the Director in writing within 10 days after the drawing is submitted or it is deemed approved.
A record plat application must be submitted to the Director within 90 days after approval or the approval is void.
Any minor lot line adjustment between properties that occurred before May 19, 1997 remains as an exemption to platting under Subsection 3.3.B.3.
B. Conversion of an outlot into a lot. An outlot may be converted into a lot if:
1. the outlot is not required for open space or green area, or is otherwise constrained in a manner that prevents it being converted into a buildable lot;
2. there is adequate sewerage and water service to accommodate development on the lot;
3. all applicable requirements or agreements under the Adequate Public Facilities provisions in Subsection 4.3.J and the Growth and Infrastructure Policy are satisfied before recording the plat;
4. all applicable conditions or agreements applicable to the original subdivision approval creating the outlot apply to the new lot. The conditions and agreements may include, but are not limited to, any adequate public facilities agreement, conservation easement, or building restriction lines; and
5. if the outlot is located within a special protection area, all applicable special protection area requirements and guidelines, including the approval of a water quality plan, are satisfied before recording the plat.
C. Consolidation. Adjoining properties in the Rural Residential or Residential Detached zones, not developed under cluster provisions, may be combined in the following ways:
1. by consolidating 2 or more lots into a single lot, consolidating lots and an outlot into a single lot, or consolidating a lot and an abandoned road right-of-way, if:
a. any conditions applicable to the original subdivision remain in effect;
b. the number of trips generated on the new lot do not exceed those permitted for the original lots; and
c. any required right-of-way dedication is provided.
2. by consolidating a part of a lot that contains a legally constructed detached house or an existing platted lot with a piece of land created as a result of a deed, if:
a. the portion of land created by deed cannot itself be platted under the area and dimensional standards of the zone;
b. any conditions applicable to the existing lot remain in effect on the new lot;
c. any required road dedication is provided; and
d. the existing platted lot was not identified as an outlot on a plat.
D. Subdivision to reflect ownership. A recorded lot approved for a commercial, industrial, or multi-unit residential use may be resubdivided to create or delete an internal lot to reflect a change in ownership, deed, mortgage, or lease line if:
1. all conditions of approval for the original subdivision that created the lot remain in effect;
2. the total maximum number of trips generated on all new lots created will not exceed the number of trips approved for the lot in the original subdivision;
3. all land in the original subdivision lot is included in the plat; and
4. all necessary code requirements of Chapters 8, 19, and 22 are met and any necessary cross easements, covenants, or other deed restrictions necessary to implement all the conditions of approval on the lot in the original subdivision are executed before recording the plat.
E. Ownership Plat. An ownership plat may be recorded to delineate separate ownership units within a lot approved for any use except for single-unit living as follows:
1. Ownership units to reflect deed, mortgage, or lease lines may be created by an ownership plat if:
a. the lot on which the ownership units are created is included on a plat approved by the Board and has:
i. site plan approval under Section 59-7.3.4;
ii. conditional use approval under Section 59-7.3.1; or
iii. special exception approval under the Zoning Ordinance in effect before October 30, 2014;
b. the location and design of all structures on the ownership units satisfy Chapters 8, 19, and 22;
c. the ownership units do not violate any other provision of law or adversely affect any conditions of approval for the subdivision plan that created the underlying lot or any approval required by Subsection 7.1.E.1.a;
d. any necessary cross easements, covenants, or other deed restrictions necessary to implement all conditions of approval are executed before recording the ownership plat; and
e. the ownership units are suitable for the type of development, the use contemplated, and the available utilities and services.
2. Ownership units must be depicted on the ownership plat with metes and bounds descriptions inside the boundary of the underlying lot as shown on the record plat.
3. Private roads must not be delineated as a separate ownership unit on an ownership plat.
4. No person can record an ownership plat, or sell any property with reference to an ownership plat, until the plat has been approved by the Board and recorded in the land records.
5. The Board may apply conditions to the approval of an ownership plat.
6. An ownership unit created under this section is not:
a. a change to any condition of approval for the subdivision that created the lot in the original subdivision or any approval required by Subsection 7.1.E.1.a; or
b. used to establish building setbacks or to establish conformance with subdivision or zoning requirements.
F. Plat of correction. A plat of correction may be used for any of the following:
1. to correct inaccurate or incomplete information shown on a previously recorded plat, such as drafting or dimensional errors on the drawing; failure to include a required note, dedication, easement or other restriction; incorrect or omitted signatures; or other information normally required to be shown on a recorded plat. All owners and trustees of the land affected by the correction must sign the revised plat. In addition, the plat of correction must identify the original plat and contain a note identifying the nature of the correction;
2. to revise easements to reflect a Planning Board Action, or as necessitated by a State or County agency or public utility;
3. to improve clarity and legibility, the owner of any lands shown on a record plat may record an exact copy of the plat, except for necessary change of scale and the addition of any other necessary elements to make the plat conform to the requirements of this Chapter. The new plat must indicate that it is an exact copy of the original plat except for the changes made under this Subsection.
G. Pre-1958 parcels. An unplatted parcel created by deed before June 1, 1958, if the parcel is developable for only one detached house.
H. Creation of a lot from a part of a lot. A part of a previously recorded lot in a Residential Detached zone that was created as a result of a deed transfer of land from the lot may be converted into a lot if:
1. the part of lot was created by deed recorded before June 1, 1958, or
2. the part of lot contains a legally constructed detached house; and
3. all conditions or agreements applicable to the subdivision approval creating the original lot apply to the new lot. The conditions and agreements may include, but are not limited to, any adequate public facilities agreement, conservation easement or building restriction lines.
I. Unplatted Parcels With Existing Houses. In the R-90 and R-60 zones, an unplatted parcel containing an existing house may be converted into a lot under the minor subdivision procedure if:
1. any required road dedication along the frontage of the proposed lot is shown on the record plat;
2. there is adequate sewerage and water service to the property; and
3. the principal use of the property is single-unit living and any new construction on the lot is limited to a detached house. (Mont. Co. Code 1965, §17-8; 1894, ch. 622, §60G; 1912, ch. 790, §405; Ord. No. 13-57, §4; Ord. No. 16-54; Ord. No. 17-10, §1; Ord. No. 17-30, §1; Ord. No. 17-32, §1; Ord. No. 18-19, §2; Ord. No. 18-42, §1; 2021 L.M.C., ch. 3, §1; Ord. No. 19-22, §6.)
A. Additional considerations.
1. In the case of minor subdivisions, no additional improvements beyond those required for the original subdivision are required until development in excess of development in the original approval occurs.
2. Any lot created through the minor subdivision process and any lot replatted as part of a minor lot line adjustment must satisfy all applicable zoning requirements in Chapter 59.
3. Any applicable requirements of Chapter 22A must be satisfied before approval of the plat by the Board. (Ord. No. 18-19, §2; Ord. No. 19-22, §6.)
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