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A. Referral for recommendations. The Director must send a copy of each waiver request to the applicable Development Review Committee agencies for investigation, report, and written recommendation before acting on the request. For waivers requested as part of a preliminary plan or pre-preliminary plan, those agencies must submit any report and recommendation on the waiver in the timeframes required for those plans. For separate waiver requests, final recommendation must be provided to the Director within 30 days after receiving the request, or the recommendation must be treated as favorable.
C. Resolution. The Board must make its decision by resolution.
D. Non-waiver of other ordinances. When granting a waiver, the Board must not change any other requirement of law. (Mont. Co. Code 1965, §104-27; Ord. No. 6-26; Ord. No. 6-123; Ord. No. 6-168; 1973 L.M.C., ch. 25, §8; Ord. No. 12-16, §1; Ord. No. 13-26, §1; Ord. 13-57, §6; Ord. No. 16-16, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §8.)
The Board may adopt regulations and necessary procedures under Chapter 2A, Section 15, Method (2) to administer this Chapter. (Ord. No. 18-19, §2.)
A. Guarantee of completion of improvements before recording final plat.
1. Before plat recordation, the subdivider must demonstrate to the Board or the Director that the subdivider has obtained the necessary permits and bonds or provided other surety that ensures completion of all required public and private improvements on the land covered by the plat being recorded.
2. As an alternative to the requirements of Subsection 10.2.A.1, if approved by the applicable public agency, a public improvement agreement may be executed between the applicant and the agency to ensure completion of public improvements.
3. When the subdivider or developer is required by regulations of the WSSC to record a final plat dedicating public roads in excess of a current building phase to obtain installation of water and sewer to the site, surety as required by the Road Design and Construction Code for road improvements for such excess platting may be delayed under the approved timing sequence of the proposed development approved by the applicable County agency. (Mont. Co. Code 1965, §104-26; Ord. No. 7-41, §4; 1973 L.M.C., ch. 25, §8; Ord. No. 8-90, §1; Ord. No. 10-12, §3; Ord. No. 13-26, §1; Ord. No. 13-36, §1; Ord. No. 13-57, §5; Ord. No. 13-62, §1; Ord. No. 13-113, §1; Ord. No. 14-37, §1; Ord. No. 14-50, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §9.)
A. The Council must establish by resolution, after public hearing, the process to determine the adequacy of public facilities and services. A Growth and Infrastructure Policy approved by the Council may serve this purpose if it contains those guidelines. To provide the basis for the Council resolution, the Board and the County Executive must provide the following information and recommendations to the Council:
1. the Board must provide analyses of current growth and the amount of additional growth that can be accommodated by public facilities and services. The Board must also provide recommendations of any changes in preliminary plan approval criteria it deems appropriate; and
2. the County Executive must provide comments on the Board’s analyses and recommendations and recommend criteria to determine the adequacy of public facilities. (Ord. No. 18-19, §2; 2021 L.M.C., ch. 3, §1.)
The Board must establish a review committee consisting of Planning Department Staff and staff of any County, State, and Federal agency; municipality; and utility companies to which a plan has been referred. The committee must meet with applicants and other interested persons to facilitate agency review of the plan, and may reconcile conflicting requirements by different agencies. Each reviewing agency must designate a representative to the committee. For the purpose of plan review, the head of any participating County agency must delegate authority to a representative to speak for the agency. (Ord. No. 18-19, §2.)
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