Publisher's Note: This Section has been AMENDED by new legislation (Ord. 24-02). The text of the amendment will be incorporated below when the ordinance is codified.
A preliminary plat application is considered to be received the date the complete application is submitted along with the applicable fee. The review process is as follows:
A. Element Review: Within five (5) working days of receipt of a subdivision application, supporting documentation and fee; the planning staff must determine whether the application contains all of the required materials required by these regulations, outlined in the preapplication meeting and required in appendix B, "Preliminary Plat: Submittal Requirements", attached to the ordinance codified herein.
1. If the city determines the application does not have all the required elements:
a. Staff identifies those elements in a written notification to the subdivider, and no further action will be taken on the application until the required materials are submitted.
b. The subdivider may provide the missing elements to the planning department to correct the deficiencies.
c. Once the subdivider provides the missing elements to the planning department, planning staff has five (5) working days from the date of submittal to notify the subdivider whether the additional information provided contains all the required materials.
d. This process will be repeated until the subdivider submits an application containing all the materials required or the application is withdrawn.
2. If the city determines all the required elements are present, the city will issue a written determination to the subdivider and indicate the sufficiency review pursuant to subsection B of this section will commence.
B. Sufficiency Review: Within fifteen (15) working days after the planning staff notifies the subdivider the application contains all of the required elements, as provided in subsection A of this section, the staff will determine whether the application and required elements contain adequate detailed, supporting information sufficient enough to allow for the review of the proposed subdivision.
1. If planning staff determines the information in the application is not sufficient for review of the proposed subdivision, planning staff must:
a. Identify, in writing, the specific required information missing from the application materials. No further action will be taken on the application until the required material is submitted.
b. The subdivider may provide the specific required information to the planning department or withdraw the application.
c. Once the subdivider provides the required additional information, planning staff has fifteen (15) working days from the date of submittal to notify the subdivider whether the information provided contains adequate detailed information sufficient for review of the proposed subdivision under these regulations.
d. This process will repeat until the subdivider submits adequate detailed information sufficient for review of the proposed subdivision under the provisions of these regulations, or the application is withdrawn.
2. If planning staff determines the information in the application is sufficient to allow for adequate review of the proposed subdivision, planning staff will issue a written determination to the subdivider and indicate the formal application review will commence.
C. Acceptance Of The Preliminary Plat Application: Once a determination is made that an application contains sufficient information for review as provided in subsection B of this section and the application is accepted, it does not ensure the proposed subdivision will be approved or conditionally approved by the city council and it does not limit the ability of the planning department, planning board or city council to request additional information during the review process.
D. Review And Approval Period:
1. Expedited Subdivision: A review period of thirty five (35) working days applies and begins once the planning department has given notice of sufficiency to the subdivider or the subdivider's agent. Notification constitutes the date when the reviewing agent or agency has sent the notice to the subdivider. The city council must approve, conditionally approve or deny the proposed subdivision within thirty five (35) working days, unless the subdivider and the planning director agree to an extension or suspension of the review period or forty-five (45) working days, if requesting a variance from subdivision regulations.
2. Major Subdivisions: A review period of sixty (60) working days or eighty (80) working days for subdivisions with fifty (50) or more lots applies and begins once the planning department has given notice of sufficiency to the subdivider or the subdivider's agent. Notification constitutes the date when the reviewing agent or agency has sent the notice to the subdivider. For major subdivisions, the city council must approve, conditionally approve or deny the proposed subdivision within these time frames, unless the subdivider and the planning director agree to an extension or suspension of the review period.
3. Minor Subdivisions: A review period of thirty five (35) working days applies and begins once the planning department has given notice of sufficiency to the subdivider or the subdivider's agent. Notification constitutes the date when the reviewing agent or agency has sent the notice to the subdivider. The city council must approve, conditionally approve or deny the proposed subdivision within thirty five (35) working days, unless the subdivider and the planning director agree to an extension or suspension of the review period.
4. Administrative Minor Subdivision: A review period of thirty (30) working days applies and begins once the planning department has given notice of sufficiency to the subdivider or the subdivider's agent. Notification constitutes the date when the reviewing agent or agency has sent the notice to the subdivider. The planning director must approve, conditionally approve or deny the proposed subdivision within thirty (30) working days, unless the subdivider and the planning director agree to an extension of suspension of the review period.
5. Failure To Comply; Financial Penalties: Failure of the governing body to comply with the above described time frames will result in financial penalties pursuant to section 76-3-604(5), Montana Code Annotated.
E. Applicability Of Regulations; Amended Regulations: Subdivision review and approval, conditional approval or denial must be based on those regulations in effect at the time a subdivision application and preliminary plat is deemed to contain sufficient information for review. If regulations change during the element or sufficiency review, the subdivision review will be based on the new regulations. (Ord. 09-23, 11-16-2009; amd. Ord. 21-15, 9-20-2021; Ord. 23-15, 8-21-2023)