12-6-5: PLANNING BOARD HEARING; CONSIDERATION AND RECOMMENDATION:
   A.   Hearing: After the subdivision application is deemed to have all the required elements and contain detailed, supporting information that is sufficient to allow for review, and the subdivision administrator has prepared a staff report, the planning board shall schedule and hold a public hearing on the subdivision application.
   B.   Recommendation:
      1.   Consideration, Standards: In recommending approval, conditional approval or denial of the subdivision application and preliminary plat, the planning board shall base their recommendation on compliance of the subdivision application with the following:
         a.   This title, including, but not limited to, the standards set forth in chapter 8 of this title;
         b.   Applicable zoning regulations;
         c.   The MSPA, including, but not limited to, Montana Code Annotated subsection 76-3-608(3), as delineated in section 12-5-8 of this title; and
         d.   All other applicable regulations.
      2.   Consideration, Evidence: In recommending approval, conditional approval or denial of the subdivision application and preliminary plat, the planning board may consider, without limitation, the following (as applicable):
         a.   The subdivision application and preliminary plat;
         b.   The environmental assessment;
         c.   The summary of probable impacts and mitigation;
         d.   An officially adopted growth policy;
         e.   Information provided at public hearing(s);
         f.   The administrator's staff report and recommendation; and
         g.   Any additional information authorized by law.
      3.   Written Recommendation: Within ten (10) working days after the public hearing, the planning board shall submit the following, in writing, to the subdivider and the governing body:
         a.   Recommended findings of fact based on the evidence in subsection B2 of this section that discuss and consider the subdivision's compliance with and impact on the items listed in subsection B1 of this section;
         b.   A recommendation for approval, conditional approval (including any recommended conditions and/or mitigation measures), or denial of the subdivision application and preliminary plat; and
         c.   A recommendation for approval or denial of any requested variances 1 .
   C.   Water And Sanitation Information: The planning board shall collect public comment regarding the water and sanitation information required by the MSPA and this title. The planning board shall forward all comments regarding water and sanitation to the governing body. (Ord. 784, 8-6-2007)

 

Notes

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1. See section 12-13-2 of this title.