(A) First minor subdivision application and preliminary plat submittal.
(1) The subdivider shall submit to the City Planning Staff a subdivision application containing the materials identified in § 9.6.25 and in the pre-application meeting; and
(2) Sufficient documentary evidence from the public records demonstrating the subdivision will be the first minor subdivision from a tract of record.
(B) First minor subdivision exceptions. The following do not apply to first minor subdivisions:
(1) Preparation of an environmental assessment;
(2) Parkland dedication;
(3) Public hearing requirements; and
(4) Review of the subdivision application for the impact on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety, if the subdivision is proposed in an area which has adopted land use regulations which address those impacts.
(C) First minor subdivision review process.
(1) Time period for approval, conditional approval, or denial. Within 35 working days, the City shall approve, conditionally approve or deny the proposed subdivision according to division (F) below of these regulations, unless the subdivider and the City Planning Staff agree to an extension or suspension of the review period, not to exceed one year. The review period of 35 working days begins the day after the City Planning Staff notifies the subdivider or the subdivider’s agent in writing the subdivision application is sufficient for review.
(2) Public agency and utility review. Review and comment by public agencies or utilities may not delay the City’s action on the subdivision application beyond the 35-working day review period. The City will make these comments available to the subdivider and to the general public upon request. If, during the review of the application, the City Planning Staff or the Planning Board contacts a public utility, agency or other entity which was not included on the list provided during the pre-application meeting, the City Planning Staff shall notify the subdivider of the contact and the timeframe for response.
(D) First minor subdivision Planning Board consideration. The City of White Sulphur Springs may, from time to time, have a dysfunctional or non-existent Planning Board. In such circumstances, the Planning Staff will notify the subdivider and submission to the Planning Board is waived.
(E) Subdivider’s preference for mitigation. The City of White Sulphur Springs currently does not have a policy which allows a subdivider to express their preference for mitigation prior to the City Council meeting held to discuss their project. An example of mitigation would be to install a traffic signal to mitigate impacts to traffic, or a similar activity which mitigates or softens some of the impact from a proposed development.
(F) Decision on a first minor subdivision by the City.
(1) Prerequisites to approval. The City may not approve or conditionally approve a subdivision application and preliminary plat unless the proposed subdivision:
(a) Provides easements for the location and installation of any planned utilities, both on and off site;
(b) Provides legal and physical access to each lot within the subdivision and the notation of that access on the applicable plat and any instrument transferring the lot;
(c) Assures all required public or private improvements will be installed before final plat approval, or their installation after final plat approval will be guaranteed as provided by these regulations;
(d) Assures the requirements of M.C.A. § 76-3-504(J)(i), regarding the disclosure and disposition of water rights as set forth in § 9.6.110 have been considered and will be accomplished before the final plat is submitted; and
(e) Assures the requirements of M.C.A. § 76-3-504(k)(i) regarding watercourse and irrigation easements as set forth in § 9.6.109 have been considered and will be accomplished before the final plat is submitted.
(2) Consideration – standards. In approving, conditionally approving, or denying a first minor subdivision application, the City shall consider division (F)(1) above and whether the proposed subdivision complies with:
(b) Applicable land use regulations;
(c) Other applicable regulations;
(d) The MSPA, including but not limited to the following impacts:
1. Impact on agriculture;
2. Impact on agricultural water user facilities;
3. Impact on local services;
4. Impact on the natural environment;
5. Impact on wildlife and wildlife habitat; and
6. Impact on public health and safety.
(e) Proposed mitigation.
(3) Consideration – evidence. In making its decision to approve, conditionally approve, or deny a proposed first minor subdivision, the City may consider and weigh the following, as applicable:
(a) The subdivision application and preliminary plat;
(b) The summary of probable impacts and proposed mitigation;
(c) An officially adopted growth policy;
(d) Subdivision reviewer’s staff report and recommendations;
(e) Planning Board recommendation; and
(f) Any additional information authorized by law.
(4) Water and sanitation - special rules.
(a) Water and sanitation information provided during the application review process, including public comment, may be used as a basis for a conditional approval or denial of a subdivision if the governing body finds the application does not comply with previously adopted subdivision, land use, floodplain or other regulations. For example, if the City finds an application is proposing a development within a regulatory floodplain, the City could deny the subdivision on that basis.
(b) The governing body shall request public comments regarding water and sanitation information and shall make any comments submitted, or a summary of the comments submitted, available to the subdivider within 30 days after conditional approval or approval of the subdivision application and preliminary plat.
(5) Documentation of City decision.
(a) In rendering its decision to approve, conditionally approve, or deny the proposed subdivision, the City shall issue written findings of fact which discuss and weigh the proposed subdivision’s compliance with divisions (F)(1) through (F)(4) above. Decisions made by the “City” refer to actions of the City Council.
(b) When the City approves, denies, or conditionally approves the proposed subdivision, it shall send the subdivider a letter, with the appropriate signature, and make the letter available to the public. The letter shall:
1. Contain information regarding the appeal process for the denial or imposition of conditions;
2. Identify the regulations and statutes which are used in reaching the decision to approve, deny, or impose conditions and explain how they apply to the decision;
3. Provide the facts and conclusions which the governing body relied upon in making its decision, and reference documents, testimony or other materials which form the basis of the decision;
4. Provide the conditions which apply to the preliminary plat approval and which must be satisfied before the final plat may be approved; and
5. Set forth the time limit for approval, pursuant to division (F)(6) below.
(6) Subdivision application and preliminary plat approval period.
(a) Upon approval or conditional approval of the preliminary plat, the City shall provide the subdivider with a dated and signed statement of approval. The approval shall be in force for no more than three calendar years.
1. At least 30 days prior to the expiration of the preliminary plat approval, the City may, at its discretion and at the written request of the subdivider, extend its approval for a period of one additional year.
2. The City may extend the approval for more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City and the subdivider, provided for in division (C)(1) above.
(b) After the application and preliminary plat are approved, the City may not impose any additional conditions as a prerequisite to final plat approval unless the preliminary plat approval expires.
(c) The City may withdraw approval or conditional approval of an application and preliminary plat if it determines the information provided by the subdivider, subdivider’s agent or associate, and upon which the approval or conditional approval was based, is inaccurate.
(G) First minor subdivisions – amended application.
(1) If the subdivider changes the subdivision application or preliminary plat before the City makes its decision, the subdivider shall submit the amended application or preliminary plat to the City Planning Staff for review.
(a) Within five working days of receiving the amended application or preliminary plat, the City Planning Staff shall determine whether the changes to the subdivision application or preliminary plat are material, as determined in division (G)(3) below.
(b) The 35-working day review period is suspended while the City Planning Staff considers the amended application or preliminary plat.
(c) If the subdivision reviewer determines the changes are not material, the 35-working day review period resumes when the City Planning Staff mails notice of the decision to the subdivider.
(d) If the City Planning Staff determines the changes are material, Staff shall either require the subdivider to schedule a new pre-application meeting and resubmit the application and preliminary plat as a new subdivision application or require the subdivider to present the changes to the City Council for consideration of the changes, only. Such consideration shall be noted in the meeting agenda as consideration of material changes to the subdivision.
(2) By making changes to a pending subdivision application or preliminary plat, the subdivider consents to suspension of the review period as provided in division (G)(1)(b) above.
(3) The following changes, although not an exhaustive list, may be considered material:
(a) Configuration or number of lots;
(b) Road layout;
(c) Water and/or sewer proposals;
(d) Configuration of park land or open spaces;
(e) Easement provisions;
(f) Proposed covenants; or
(g) Designated access.
(4) A subdivider whose subdivision application or preliminary plat has been deemed materially changed by the City Planning Staff may appeal the Staff’s decision to the governing body. The subdivider may request a hearing, and may submit additional evidence to show the changes to the preliminary plat are not material.
(a) Within five working days of receiving the amended application or preliminary plat, the City Planning Staff shall determine whether the changes to the subdivision application or preliminary plat are material, as determined in division (G)(4)(c) below.
(b) The 35-working day review period is suspended while the City Planning Staff considers the amended application or preliminary plat.
(c) If the City Planning Staff determines the changes are not material, the 35-working day review period resumes when the subdivision reviewer mails notice of the decision to the subdivider.
(d) 1. If the City Planning Staff determines the changes are material, Staff shall either require the subdivider to schedule a new pre-application meeting and resubmit the application and preliminary plat as a new subdivision application or require the subdivider to present the changes to the City Council for consideration of the changes, only.
2. By making changes to a pending subdivision application or preliminary plat, the subdivider consents to suspension of the review period as provided in division (G)(1)(b) above.
3. The following changes, although not an exhaustive list, may be considered material:
a. Configuration or number of lots;
b. Road layout;
c. Water and/or septic proposals;
d. Configuration of park land or open spaces;
e. Easement provisions;
f. Proposed covenants; or
g. Designated access.
4. A subdivider whose subdivision application or preliminary plat has been deemed materially changed by the City Planning Staff may appeal the subdivision reviewer’s decision to the governing body. The subdivider may request a hearing, and may submit additional evidence to show that the changes to the preliminary plat are not material.
a. The 35-working day review period is suspended until the City’s decision on the appeal is made.
b. If the City Council concludes the evidence and information demonstrate the changes to the subdivision application or preliminary plat are material, the City shall require the subdivision application and preliminary plat to be resubmitted pursuant to division (G)(1)(d) above.
c. If the City Council concludes the evidence and information demonstrate the changes to the subdivision application or preliminary plat are not material, the 35-working day review period resumes as of the date of the decision.
d. By appealing the decision of the City Planning Staff, the subdivider agrees to suspension of the 35-working day review period provided in division (C)(1) above.
(H) First minor subdivision plat. The final plat must include the enumerated contents, and be submitted and reviewed in accordance with the appropriate requirements contained in § 9.6.27
, Final Plats. (Res. 607, passed 7-1-2019)