Review Process: The sequential steps in the review process are as follows:
A. The applicant contacts the Subdivision Administrator to assess if the division appears to qualify as an exemption from subdivision review. The applicant should be prepared to identify the legal tract of record proposed for division (refer to subsection 12-2-6A below).
B. It is the applicant’s responsibility to contact the Department of Environmental Quality (DEQ) reviewer or local sanitarian. Applicants are advised to consult with the appropriate sanitation reviewer prior to finalizing division documents. Separate application forms and materials may be required for approval by DEQ and/or the local sanitarian (refer to section 12-2-5 below for more information on sanitation requirements).
C. If a survey is required or desired, the applicant shall hire a surveyor to prepare a survey (refer to section 12-2-4 below).
D. If a survey is not required and not desired, the applicant shall prepare the written documents necessary for the division. Private legal review of the documents is recommended.
E. The applicant shall submit the information electronically to the Subdivision Administrator. Information submitted in other formats may incur additional charges for copying, scanning, or distribution.
F. The Subdivision Administrator will review the materials to determine if all required information has been submitted. If incomplete, the Subdivision Administrator will notify the applicant in writing of any perceived deficiencies.
G. The Subdivision Administrator review of the exemption includes a check for compliance with the exemption criteria set forth in these regulations, the Act, the Administrative Rules of Montana (ARMs), and may include review by the Examining Land Surveyor if applicable (see subsection 12-2-4B below).
H. If the Subdivision Administrator determines that the proposed use of the exemption is incorrect or an evasion – and therefore denies the application - the Subdivision Administrator shall identify the reasons in writing to the applicant.
I. The decision on an exemption within thirty (30) working days of receipt of the application. The applicant may appeal the Subdivision Administrator’s decision to the governing body as identified in section 12-2-3 below.
J. If requested by the Subdivision Administrator, the applicant will resubmit surveys and documents with corrections.
K. The Subdivision Administrator will send written notice to the governing body, Clerk and Recorder, and copy the applicant when the exempted division is approved for recording.
L. The applicant will submit the final documents to the Richland County Clerk and Recorder, including warranty deeds and other information required to be recorded with the division document. (Ord. 591, - -2021)