(A) Generally.
(1) Subdivisions which qualify for major subdivision review are those divisions of land containing six or more lots, or subdivisions of five or fewer lots which do not otherwise qualify for review as first minor subdivisions under M.C.A. § 76-3-609 and these regulations.
(B) Subdivision application and preliminary plat submittal.
(1) The subdivider shall submit to the City a subdivision application containing the materials identified in § 9.6.25 and in the pre-application meeting.
(2) The requirement for preparing an environmental assessment, does not apply, pursuant to M.C.A. § 76-3-504 when:
(a) The proposed subdivision is totally within an area covered by a growth policy adopted pursuant to M.C.A. §§ 76-1-601 through 76-1-607;
(b) The City has adopted zoning regulations pursuant to M.C.A. §§ 76-2-301 through 76-2-328 (municipal zoning); or M.C.A. § 76-2-201 through 76-2-228 MCA (county zoning pursuant to a growth policy); and
(c) The City has adopted a strategy for development, maintenance, and replacement of public infrastructure pursuant to M.C.A. § 76-1-601(3)(e).
(C) Time period for approval, conditional approval, or denial.
(1) Time period. Within 60 working days, the governing body shall approve, conditionally approve or deny the proposed subdivision according to division (F) below of these regulations, unless the subdivider and the subdivision reviewer agree to an extension or suspension of the review period, or a subsequent public hearing is held pursuant to division (D) below of these regulations. The review period of 60 working days begins the day after the City’s subdivision reviewer 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 governing body’s action on the subdivision application beyond the 60-working day review period. The governing body will make these comments available to the subdivider and to the general public upon request. If, during the review of the application, the subdivision reviewer or the Planning Board contacts a public utility, agency or other entity not included on the list provided during the pre-application meeting, the subdivision reviewer shall notify the subdivider of the contact and the timeframe for response.
(D) Public hearings and notices.
(1) Hearings. The City shall hold a public hearing on the subdivision application when a hearing is required by these regulations.
(2) Notice.
(a) The City shall give notice of the times, dates and locations of the hearings by publication in a newspaper of general circulation in the county not less than 15 days prior to the dates of the hearing.
(b) At least 15 days prior to the dates of the hearing, the City shall give notice of the hearing by certified mail to the subdivider, each adjoining landowner to the land included in the preliminary plat, and each purchaser under contract for deed of property immediately adjoining the land included in the preliminary plat.
(c) The subdivider shall post notices at conspicuous places on the site of the proposed subdivision.
(E) City public hearing.
(1) 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 the public hearing will be before the City Council. If a Planning Board exists, a public hearing shall be set, with notice as required by law.
(2) All comments and documents regarding the subdivision shall be submitted to the City Planning Staff, to be forwarded to the Planning Board or City Council, as applicable.
(F) Governing body decision and documentation.
(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;
(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) 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;
(e) Assures that the requirements of M.C.A. § 76-3-504(k) 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; and
(f) Provides for the appropriate park dedication or cash-in-lieu.
(2) Consideration - standards. In approving, conditionally approving, or denying a subdivision application and preliminary plat, 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.
(a) In making its decision to approve, conditionally approve, or deny a proposed subdivision, the City may consider and weigh the following, as applicable:
1. The subdivision application and preliminary plat;
2. The environmental assessment;
3. The summary of probable impacts and mitigation;
4. An officially adopted growth policy;
5. Comments, evidence and discussions at the public hearing(s);
6. Subdivision reviewer’s staff report and recommendations; and
7. Any additional information authorized by law.
(b) Notwithstanding the foregoing, the City may not consider any information regarding the subdivision application presented after the final public hearing (which may include a subsequent hearing if any) when making its decision to approve, conditionally approve, or deny the proposed subdivision.
(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 only if the governing body finds the application does not comply with previously adopted subdivision, land use, floodplain or other regulations.
(b) For a proposed subdivision which will create one or more lots containing less than 20 acres, the subdivider shall obtain approval by the DEQ as a condition of approval of the final 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 the preceding divisions (F)(1) through (F)(4).
(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 City 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 governing body 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 governing body may, at its discretion and at the written request of the subdivider, extend its approval for a period of one additional year.
2. The governing body may extend the approval for more than one year if a longer approval period is included as a specific condition of a written Subdivision Improvements Agreement between the governing body and the subdivider, provided for in these regulations.
(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, at which time a new application shall be required.
(c) The City may withdraw approval or conditional approval of an application and preliminary plat if it determines the information provided by the subdivider, and upon which the approval or conditional approval was based, is inaccurate.
(G) Amended applications.
(1) If the subdivider changes the subdivision application or preliminary plat after the City Planning Staff makes a determination of sufficiency pursuant to this chapter but before the City Public Hearing, the subdivider shall submit the amended application to the subdivision reviewer 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, pursuant to division (G)(4) below.
(b) The 60-working day review period is suspended while the City Planning Staff considers whether the changes to the subdivision application or preliminary plat are material.
(c) If the City Planning Staff determines the changes are not material, the 60-working day review period resumes when the subdivision reviewer 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 as a new subdivision application or obtain written permission from the subdivider for an additional 15-working day period to evaluate the sufficiency of the proposed changes.
(2) By making changes to a pending subdivision application or preliminary plat, the subdivider consents to suspension of the review period as provided in these regulations.
(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 wastewater 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 City Planning Staff may appeal the Staff’s decision to the governing body by written notice within ten working days of the decision. The subdivider may request a hearing, and may submit additional evidence to demonstrate the changes to the preliminary plat are not material.
(a) The 60-working day review period is suspended until the City Council’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 governing body shall determine whether the subdivision application should be resubmitted or scheduled for rehearing.
(c) If the City Council concludes the evidence and information demonstrate the changes to the subdivision application or preliminary plat are not material, the 60-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 60-working day review period.
(H) Major final plats. The final plat must be in compliance with, submitted and reviewed in accordance with § 9.6.30
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(Res. 607, passed 7-1-2019)