A. Final Plat Submittal:
1. Prior to submitting the final plat application, the applicant shall submit a draft of the final plat to the Administrator, who shall forward it to the examining land surveyor. The examining land surveyor shall review the plat for errors and omissions in calculation and drafting. When the survey data shown on the plat meets the conditions pursuant to these regulations, the examining land surveyor shall certify compliance in a printed or stamped certificate on the final plat; the stamped plat shall accompany the final plat application submittal.
2. The final plat application including the stamped final plat, supplementary documents, and review fees, must be submitted to the Administrator at least forty (40) working days prior to the expiration of the preliminary plat approval period.
3. The final plat application is considered to be received on the date of delivery to the Administrator when accompanied by all supplementary documents and review fees.
B. Application Review:
1. Within twenty (20) working days of receipt of the final plat application, the Administrator shall determine whether the final plat conforms to the conditions of preliminary plat approval, the requirements of the Montana Subdivision and Platting Act and all applicable requirements of these regulations, and whether the county treasurer has certified all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.
2. The Administrator shall notify the applicant in writing that the final plat application meets the requirements of subsection B1 above. If it is determined the final plat application does not meet the requirements of subsection B1, the Administrator shall identify the defects in the notification and provide a timeframe in which they must be addressed.
3. The Administrator may review subsequent submissions of the final plat application only for information found to be deficient during the original review of the final plat application.
4. If the Administrator determines the final plat and supplementary information differs materially from the approved or conditionally approved preliminary plat application, the Administrator shall review the changes according to subsection (6)(c).
5. The review period provided in subsection A2 above applies to each subsequent submission until a written determination is made that the final plat application contains the required information and the applicant or the applicant’s agent is notified. However, the applicant or the applicant’s agent and the Administrator may mutually agree to extend the review period at any time.
6. After the final plat application is determined to meet the requirements of subsection B1 above, the Administrator shall prepare and distribute to the applicant and governing body a report documenting how the final plat meets each of the requirements.
C. Governing Body Review And Decision:
1. Within twenty (20) working days of receipt of the report required in subsection B3, the governing body shall review the final plat application and decide whether to approve or deny the request.
2. Governing body review and approval shall occur at a public meeting where public notice has been posted at least forty eight (48) hours in advance, and the Administrator has provided written notice to the applicant at least ten (10) working days prior to the meeting.
3. If the final plat is approved, the governing body shall certify its approval on the face of the plat. When applicable, a certificate of the governing body’s acceptance of any dedicated land, easements, or improvements shall be placed on the face of the final plat.
4. If the final plat application is denied, the governing body shall return the final plat to the applicant within thirty (30) days and provide a written statement that:
a. Includes information regarding the appeal process for denial of the application;
b. Identifies the regulations and statutes that were used in reaching the decision to deny and explains how they apply to the decision;
c. Provides the facts and conclusions that the governing body relied upon in making its decision to deny and references documents, testimony, or other materials that form the basis for the decision; and
d. Provides the conditions that apply to the preliminary plat that must be satisfied before the final plat may be approved.
5. The applicant may make any necessary corrections to the plat or take other steps necessary to conform to the conditional approval and resubmit the final plat application. The re-submittal must occur and the final plat must be approved within the original or extended preliminary plat approval period.
D. Filing The Final Plat:
1. After receiving approval, the final plat may be filed with the clerk and recorder. The final plat may not be altered in any manner prior to filing.
2. The clerk and recorder may not accept any plat for filing that does not bear the approval of the governing body in proper form or a plat that has been altered after final plat approval.
3. The clerk and recorder may file an approved plat only if it is accompanied by the documents specified in the Montana Uniform Standards for Final Subdivision Plats.
4. Should a plat require amendment, it is subject to the procedures for review of a minor or major subdivisions, unless the changes meet the requirements for corrections found in section 76-3-614, Montana Code Annotated, or qualifies for an exemption as identified in chapter 12-2 of these regulations.
a. The governing body may not approve an amended plat without written consent of the owners and lien-holders of all lots that will be modified by the proposed amendment.
b. The plat to be filed shall clearly be labeled as an amended plat of the previously approved subdivision. (Ord. 591, - -2021)