A. Prerequisites To Approval: The governing body may not approve or conditionally approve a subdivision application and preliminary plat unless the proposed subdivision:
1. Provides easements for the location and installation of any planned utilities;
2. Provides legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel;
3. Assures that all required public or private improvements will be installed before final plat approval, or that their installation after final plat approval will be guaranteed as provided by section 12-4-4 of this title;
4. Assures that the requirements of Montana Code Annotated subsection 76-3-504(1)(j), regarding the disclosure and disposition of water rights as set forth in section 12-8-16 of this title have been considered and will be accomplished before the final plat is submitted;
5. Assures that the requirements of Montana Code Annotated subsection 76-3-504(1)(k) regarding watercourse and irrigation easements as set forth in section 12-8-15 of this title have been considered and will be accomplished before the final plat is submitted; and
6. Provides for the appropriate park dedication or cash in lieu of park dedication, if required.
B. Consideration, Standards: In approving, conditionally approving, or denying a subdivision application and preliminary plat, the governing body shall consider subsection A of this section, and whether the proposed subdivision complies with:
1. These regulations, including, but not limited to, the standards set forth in chapter 8 of this title;
2. Applicable zoning regulations;
3. Other applicable regulations;
4. The MSPA, including, but not limited to, the following impacts:
a. Impact on agriculture, including weed control;
b. Impact on agricultural water user facilities;
c. Impact on local services;
d. Impact on the natural environment;
e. Impact on wildlife and wildlife habitat;
f. Impact on public health and safety; and
5. Proposed mitigation.
C. Consideration, Evidence: In making its decision to approve, conditionally approve, or deny a proposed subdivision, the governing body may consider and weigh the following, as applicable:
1. The subdivision application and preliminary plat;
2. The environmental assessment;
3. The summary of probable impacts and mitigation;
4. Any officially adopted growth policy, which may be considered as a single, determinative factor;
5. Comments, evidence and discussions at the public hearing(s);
6. Subdivision administrator's staff report and recommendations;
7. Planning board recommendation; and
8. Any additional information authorized by law.
Notwithstanding the foregoing, the governing body may not consider any information regarding the subdivision application that is presented after the final public hearing (which may include a subsequent hearing, if any) when making their decision to approve, conditionally approve, or deny the proposed subdivision.
D. Water And Sanitation, Special Rules:
1. Water and sanitation information provided in the application and public comment given about this information during the review process may be used as a basis for a conditional approval or denial of a subdivision only if the governing body finds that information provided in the application or submitted during public comment indicates the proposal does not comply with previously adopted subdivision, zoning, floodplain or other regulations.
2. For a proposed subdivision that will create one or more parcels containing less than twenty (20) acres, the governing body shall require approval by the Montana department of environmental quality as a condition of approval of the final plat. This approval applies to the development of lots at the time of the approval and is no guarantee that a source of water or a location for a septic system or drain fields will be available when the lots are actually developed.
3. For a proposed subdivision that will create one or more parcels containing twenty (20) acres or more, the governing body shall condition approval of the final plat upon the subdivider demonstrating that there is an adequate water source and at least one area for a septic system and a replacement drain field for each lot. This demonstration to the local planning board is to evaluate the ability to develop lots at the platting stage and is no guarantee that a source of water or a location for a septic system or drain fields will be available when the lots are actually developed.
4. The governing body shall collect public comments submitted regarding water and sanitation information and shall make any comments submitted or a summary of the comments submitted available to the subdivider within thirty (30) days after conditional approval or approval of the subdivision application and preliminary plat.
5. The subdivider shall, as part of the subdivider's application for sanitation approval, forward the comments or the summary provided by the governing body to the:
a. Reviewing authority provided in Montana Code Annotated title 76, chapter 4, for subdivisions that will create one or more parcels containing less than twenty (20) acres; and
b. Local health department or board of health for proposed subdivisions that will create one or more parcels containing twenty (20) acres or more, and less than one hundred sixty (160) acres.
E. Documentation Of Decision Of Governing Body:
1. In rendering its decision to approve, conditionally approve, or deny the proposed subdivision, the governing body shall issue written findings of fact that discuss and weigh the proposed subdivision's compliance with the preceding subsections.
2. When the governing body approves, denies, or conditionally approves the proposed subdivision, they shall send the subdivider a letter, with the appropriate signature, and make the letter available to the public. The letter shall:
a. Contain information regarding the appeal process for the denial or imposition of conditions;
b. Identify the regulations and statutes that were used in reaching the decision to approve, deny, or impose conditions and explain how they apply to the decision;
c. Provide the facts and conclusions that the governing body relied upon in making its decision and reference documents, testimony, or other materials that form the basis of the decision;
d. Provide the conditions that apply to the preliminary plat approval and that must be satisfied before the final plat may be approved; and
e. Set forth the time limit for approval, pursuant to subsection F of this section.
F. Subdivision Application And Preliminary Plat Approval Period:
1. Upon approval or conditional approval of the preliminary plat, the governing body shall provide the subdivider with a dated and signed statement of approval. The approval shall be in force for no more than three (3) calendar years.
a. At least thirty (30) days prior to the expiration of the preliminary plat approval, the governing body may, at their discretion and at the written request of the subdivider, extend their approval for a period of one additional year.
b. The governing body may extend the approval for more than one year if a longer approval period is included as a specific condition of a written subdivision improvements agreement between the governing body and the subdivider.
2. After the application and preliminary plat are approved, the governing body may not impose any additional conditions as a prerequisite to final plat approval unless the preliminary plat approval expires, at which time a new application shall be required.
3. The governing body may withdraw approval or conditional approval of an application and preliminary plat if they determine that information provided by the subdivider, and upon which the approval or conditional approval was based, is inaccurate, misleading or incomplete. (Ord. 784, 8-6-2007)