A. Statement Of Intent:
1. The MSPA allows certain revisions to subdivisions platted since July 1, 1973, which include relocation of common boundaries and the aggregation of lots for five (5) or fewer lots within a platted subdivision or the relocation of a common boundary between a single lot in a platted subdivision and adjoining land outside a platted subdivision (but a restriction or requirement on either continues to apply) without review.
2. If a change is made to a platted subdivision which results in an increase in the number of lots or redesigns or rearranges six (6) or more lots, the governing body must review and approve the amended plat and an amended plat must be filed with the clerk and recorder.
B. Use Of Exemption: Relocation of a common boundary between a single lot in a platted subdivision and adjoining land outside a platted subdivision 2 is allowed, because no additional parcels are created. Subdivision review is not necessary because the relocation does not create any additional division of land.
C. Rebuttable Presumption:
1. If the resulting lots are inconsistent with the approved subdivision and the uses in it, the use of the exemption will be presumed to have been adopted for the purpose of evading the MSPA.
2. If the resulting lots do not comply with existing zoning, covenants, and/or deed restrictions, the use of the exemption will be presumed to have been adopted for the purpose of evading the MSPA. (Ord. 784, 8-6-2007)
Notes
| 1 | 1. MCA §§ 76-3-207(1)(d), (e), 76-3-207(2)(a). |
| 2 | 1. MCA § 76-3-207(1)(e). |