§ 21-14. General procedures.
(a)
Pre-applications and preliminary plats.
(1)
Construction timing. Construction work shall not occur on a proposed subdivision until the governing body has given conditional approval of the preliminary plat. Construction work undertaken prior to the preliminary plat approval subjects the subdivider to the possibility the work will have to be redone or removed. In addition, MCA 76-4-121, regulates subdivision activities.
(2)
Transfers of title. Except as noted below, a final subdivision plat must be filed for record with the county clerk and recorder before title to the subdivided land can be sold or transferred in any manner. After the preliminary plat of a subdivision has been approved or conditionally approved, the subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following conditions are met (MCA 76-3-303):
a.
That under the terms of the contracts the purchasers of lots in the proposed subdivision make any payments to an escrow agent, which must be a bank or savings and loan association chartered to do business in the State of Montana;
b.
That under the terms of the contracts and the escrow agreement the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the subdivider until the final plat of the subdivision is filed with the county clerk and recorder;
c.
That the contracts and the escrow agreement provide that if the final plat of the proposed subdivision is not filed with the county clerk and recorder within two years of the preliminary plat approval, the escrow agent shall immediately refund to each purchaser any payments the purchaser has made under the contract;
d.
That the contracts contain the following language conspicuously set out therein: "The real property which is the subject hereof has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to the property cannot be transferred in any manner"; and
e.
That the county treasurer has certified that no real property taxes assessed and levied on the land to be divided are delinquent.
(3)
Permission to enter. The governing body or its designated agent(s) or affected agencies identified during the pre-application meeting may investigate, examine, and evaluate the site of the proposed subdivision to verify information provided by the subdivider and to subsequently monitor compliance with any conditions if the preliminary plat is approved conditionally. The submission of a subdivision pre-application or any other subdivision application constitutes a grant of permission by the subdivider for the governing body, its agents, and affected agencies to enter the subject property. This consent applies to members of the public attending a noticed public meeting for a site visit.
(4)
Pre-application process.
a.
Prior to submittal of a subdivision application, the subdivider shall request a pre-application meeting with the subdivision administrator by submitting, along with required fees as adopted by the city council, a pre-application form provided by the subdivision administrator. The meeting shall occur within 30 calendar days after the subdivider submits a written request for the meeting to the subdivision administrator.
b.
At the time of the pre-application meeting request, the subdivider shall provide to the subdivision administrator a sketch of the proposed subdivision showing the layout of the proposed features in relation to existing site conditions together with other relevant documents. The sketch may be a freehand sketch drawn directly on a print of a topographic map of the area proposed for division at a scale of one inch to 400 feet or larger that is adequate to show the property and to show relevant information. The sketch and materials must include the following:
1.
Information on the current status of the site, including:
i.
Site location;
ii.
Approximate tract and lot boundaries of existing tracts of record;
iii.
Description of general terrain;
iv.
Natural features including water bodies, floodplains geologic hazards, and soil types;
v.
Existing structures and improvements;
vi.
Existing utility lines and facilities serving the area to be subdivided;
vii.
Existing easements and rights-of-way;
viii.
Existing zoning or development regulation standards;
ix.
Existing conservation easements;
x.
Existing covenants or deed restrictions.
2.
Documentation on the current status of the site, including:
i.
Ownership information, such as a deed, option to buy or buy-sell agreement, including permission to subdivide;
ii.
For proposed minor subdivisions, a copy of each certificate of survey or subdivision plat(s) pertaining to the subject parcel since July 1, 1973;
iii.
Water rights, including location of agricultural water user facilities;
iv.
Any special improvement districts; and
v.
Any rights of first refusal for the property.
3.
Information on the proposed subdivision, including:
i.
Tract and proposed lot boundaries;
ii.
Proposed public and private improvements;
iii.
Location of utility lines and facilities;
iv.
Easements and rights-of-way; and
v.
Parks and open space and proposed conservation easements.
c.
At the pre-application meeting:
1.
The subdivision administrator shall identify, for informational purposes only, the state laws, local regulations and growth policy provisions that may apply to the subdivision review process including, but not limited to zoning regulations and floodplain regulations;
2.
The subdivision administrator shall provide the subdivider with a list of public utilities, local, state and federal agencies, and any other entities that have an interest in the proposed subdivision and that may be contacted by the subdivision administrator or planning board on the subdivision application. The subdivision administrator shall also identify the timeframes that the public utilities, agencies, and other entities are given to respond; and
3.
The subdivision administrator may identify particular additional information the subdivision administrator anticipates will be required for review of the subdivision application. This does not limit the ability of the subdivision administrator to request additional information at a later time.
d.
Unless the subdivider submits a subdivision application within one year of this pre-application meeting, the subdivider must request a new pre-application meeting prior to submitting the subdivision application. The subdivision administrator has the discretion to extend this time period for up to one additional year upon written request if it is determined that the information required of preliminary plat submittal will be the same based on site and area specific conditions and the regulations in effect at the time of the request.
(5)
Subdivision application and preliminary plat submittal. The subdivider shall submit to the Miles City Planning Department a subdivision application addressing the topics discussed at the pre-application meeting and containing the following materials, all described in forms or a comprehensive list of the following information required for the specific subdivision provided by the subdivision administrator, as applicable:
a.
As supplements to the preliminary plat:
• A completed and signed subdivision application form;
• The required review fee;
• A preliminary plat;
• A vicinity sketch;
• A topographic map;
• A conceptual grading and drainage plan;
• Engineering plans for all public and private improvements;
• Overall phasing plan if development is proposed to be completed in two or more phases including:
1.
A timeframe for each phase;
2.
An improvement plan showing which improvements will be completed with each phase;
• Abstract of title (or title report);
• Lienholders' acknowledgment of subdivision;
• Documentation of legal and physical access;
• Documentation of existing easements, including those for agricultural water user facilities;
• Existing covenants and deed restrictions;
• Existing water rights;
• Existing mineral rights;
• Names and addresses of all adjoining property owners;
• Comment on the proposed subdivision from police department, fire department, school superintendent, utility companies, engineering department, public works department, post office, medical service providers (hospital, ambulance, etc.), floodplain administrator, Montana Department of Natural Resources and Conservation, state historic preservation office, Montana Fish, Wildlife, and Parks, United States Fish and Wildlife Service, and any other entity deemed applicable by the subdivision administrator;
• Copies of all correspondence with the public utilities, local, state and federal agencies and any other entities identified during the pre-application meeting;
• Proposed road plans and profiles;
• Encroachment permits and approach permits from Montana Department of Transportation or the local jurisdiction;
• Proposed easements;
• Proposed disposition of water rights;
• Proposed disposition of mineral rights;
• A list of lot sizes (spreadsheet format preferred) for the purpose of park land dedication calculations;
• Environmental assessment when required and summary of probable impacts;
• Transportation impact analysis or transportation plan;
• Fire risk rating analysis and fire prevention plan;
• Noxious weed management plan and re-vegetation plan;
• Property owners' association documents, including draft articles of incorporation, declaration and bylaws;
• FIRM or FEMA panel map and letter identifying floodplain status;
• Flood hazard evaluation;
• Required water and sanitation information (MCA 76-3-622);
• A form of subdivision improvements agreement, if proposed;
• Letter requesting a revocation of agricultural covenant, if applicable;
• Letter indicating locations of cultural or historic resources;
• Variance request or approval;
• Re-zoning application or approval;
• Letter identifying and proposing mitigation for potential hazards or other adverse impacts as identified in the pre-application meeting and not covered by any of the above required materials; and
• Such additional relevant and reasonable information as identified by the subdivision administrator during the pre-application meeting that is pertinent to the required elements of this section.
b.
Information that may be required to be included on the preliminary plat or a preliminary plat supplement:
Note: The plat must be drawn to scale on 24-inch by 36-inch paper. The plat may consist of one or more sheets.
• A standard title block and information to include scale bar, north arrow, and date of preparation;
• A name for the subdivision (names cannot be duplicated, but amended plats may be entitled "the amended plat of [existing subdivision name]);
• The exterior boundaries of the tract and the approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary;
• A metes and bounds or other legal description, or notation of previously recorded certificate of surveys or subdivision plats;
• All lots and blocks, designated by numbers and/or letters;
• The proposed lot boundaries;
• The gross and net acreage of each lot;
• All existing and proposed streets, alleys, avenues, roads and highways on, adjacent to, and serving the property, and the width of the rights-of-way, grades and curvature of each, existing and proposed street names, and proposed locations of intersections or other access points for any subdivision requiring access to arterial or collector highways;
• The location, boundaries, dimensions and areas of any parks, common grounds, or other grounds dedicated for public or private use;
• The portions of each lot with slopes greater than 25 percent;
• Proposed property line setbacks or any setbacks required by the applicable zoning regulations;
• Topographic ground contours at required intervals or as appropriate to easily identify grades;
• All surface waters, to include irrigation water, on the property and within 100-feet of the exterior boundaries of the subdivision;
• All federally recognized wetlands on the property and within 100-feet of the exterior boundaries of the subdivision;
• All known wetlands on the property and within 100-feet of the exterior boundaries of the subdivision as well as the sources of information upon which this is based (National Wetlands Inventory, U.S. Army Corp of Engineer comments, etc.);
• The location of all 100-year floodplains;
• Structural setbacks and vegetated buffers along wetlands and waterways;
• The location of all existing and proposed fences, lighting, signage, sidewalks, paths, storage areas, and other existing or proposed manmade improvements;
• The locations and types of all existing and proposed traffic control devices and directional signs;
• Traffic study by a registered engineer for nonresidential subdivisions;
• Existing and proposed landscape buffers;
• Any proposed or existing "no build zones" and/or building envelopes;
• Any existing and proposed utilities located on or adjacent to the property including:
1.
The approximate location, size and depth of water mains, sanitary and storm sewers, and fire hydrants.
2.
The approximate location of nearest water mains and sewer lines where none are located on or adjacent to the property;
3.
The approximate location of gas, electric and telephone lines; and streetlights.
• The locations and identity of all existing easements and rights-of-way of record and proposed public and private easements and rights-of-ways, including descriptions of their width and purpose;
• The location of any existing or proposed easements for existing or proposed utility services to the proposed lots;
• The proposed driveways and approaches serving each lot;
• A building site on each proposed lot;
• The location of existing and/or potential buildings/building sites, structures and other improvements;
• Proposed locations of all stormwater management infrastructure;
• All existing and proposed primary and 100 percent replacement drainfields on the property and within 100 feet of the exterior boundaries of the subdivision;
• Locations of the soils test pits for data submitted with the subdivision application;
• All proposed or existing wells on the property and within 100-feet of the exterior boundaries of the subdivision;
• Such additional relevant information as identified by the subdivision administrator during the pre-application meeting that is pertinent to the review of the subdivision proposal; and
• Any other requirements of these regulations that does not appear on this list.
(6)
Review process. For both minor and major subdivisions, the initial review process is as follows:
a.
Element review. Within five working days of receipt of a subdivision application and fee, the subdivision administrator shall determine whether the application contains all of the applicable materials required by subsection (d)(5) above, and shall give written notice to the subdivider of the subdivision administrator's determination. A subdivision application is considered to be received on the date of delivery to the Miles City Planning Department and when accompanied by the required review fees (MCA 76-3-604(1)(a)).
1.
If the subdivision administrator determines that elements are missing from the application, the subdivision administrator shall notify the subdivider of the missing elements and identify those elements that are missing. No further action shall be taken on the application by the subdivision administrator until the missing elements are submitted.
2.
The subdivider may correct the deficiencies and submit the missing elements.
3.
If the subdivider corrects the deficiencies and submits the missing elements, the subdivision administrator shall have five working days to notify the subdivider whether the submitted information contains all the materials required by subsection (d)(5) above, as applicable.
4.
This process shall be repeated until the subdivider submits an application containing all the materials required by subsection (d)(5) above, or the application is withdrawn.
5.
If the missing elements are not corrected and submitted to the subdivision administrator within 60 days following the date of the deficiency letter, the subdivision administrator may terminate the application and file, and notify the subdivider within five working days of termination. The Miles City Planning Department may retain a reasonable portion of the review fees for processing the application and for the element review.
b.
Sufficiency review. Within 15 working days after the subdivision administrator notifies the subdivider that the application contains all of the required elements as provided in subsection (6)(a) above, the subdivision administrator shall determine whether the application and required elements contain detailed, supporting information that is sufficient to allow for the review of the proposed subdivision under these regulations and shall give (written) notice to the subdivider of the subdivision administrator's determination.
1.
If the subdivision administrator determines that the information in the application is not sufficient to allow for review of the proposed subdivision, the subdivision administrator shall identify specific required information in the notification and no further action shall be taken on the application by the subdivision administrator until the identified material is resubmitted.
2.
The subdivider may correct the deficiencies and resubmit the identified material, or withdraw the application.
3.
If the subdivider corrects the deficiencies and resubmits the identified material the subdivision administrator shall have 15 working days to notify the subdivider whether the additional information and required elements contain detailed, supporting information that is sufficient to allow for review of the proposed subdivision under these regulations.
4.
This process shall be repeated until the subdivider submits an application that contains detailed, supporting information that is sufficient for review of the proposed subdivision under the provisions of these regulations, or the application is withdrawn.
i.
A determination that an application contains sufficient information for review does not ensure that the proposed subdivision will be approved or conditionally approved by the governing body and does not limit the ability of the subdivision administrator, planning board, or the governing body to request additional information during the review process.
ii.
A determination of sufficiency by the subdivision administrator does not limit the DEQ from requiring additional water and sanitation information as part of the DEQ review of water and sanitation information.
iii.
Once the application is determined sufficient for review, 15 copies of the complete and sufficient application shall be submitted to the subdivision administrator within three working days of notification of a sufficient application. If the required copies are not submitted to the subdivision administrator within three working days, the review period is suspended until the proper copies are submitted.
iv.
Upon determination of a sufficient application, the preliminary plat application proceeds to the review procedures for first minor subdivisions (section 21-15) or the review procedures for major and subsequent minor subdivisions (section 21-16), as applicable.
5.
If the deficiencies are not corrected and submitted to the subdivision administrator within 60 calendar days following the date of the deficiency letter, the subdivision administrator may terminate the application and file, and notify the subdivider within five working days of termination. The Miles City Planning Department may retain a reasonable portion of the review fees for processing the application and for the element and sufficiency reviews.
c.
Applicable regulations. Subdivision review and approval, conditional approval or denial shall 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 determination of whether the application contains the required elements and sufficient information shall be based on the new regulations.
(b)
Final plats.
(1)
Final plat contents. The final plat submitted for approval must conform to the preliminary plat as previously reviewed and approved by the governing body and must incorporate all required modifications and comply with all conditions imposed at the time of preliminary plat approval. The final plat and accompanying documents must comply with the Montana Uniform Standards for Final Subdivision Plats (section 21-62). Final plats of subdivisions approved for phased development shall be filed sequentially in accordance with the approval.
(2)
Final plat initial review.
a.
Final plat submittal. The final plat approval application form, which can be obtained from the subdivision administrator, and all supplementary documents, must be submitted to the subdivision administrator prior to the expiration of preliminary plat approval. The submittal shall include, as applicable:
1.
The final plat application;
2.
The final plat review fee;
3.
A statement outlining how each condition of approval has been satisfied;
(Administrative Note: Certain conditions of plat approval may be carried out over time and may be enforced through development permit processes and through ongoing compliance monitoring.)
4.
A title report or updated abstract dated no older than 30 calendar days prior to the date of submittal of the final plat application;
5.
A signed, dated and notarized statement from each landowner, if different from the subdivider, and each lien holder or claimant of record consenting to the platting of the subdivision dated no older than 30 calendar days prior to the date of submittal. The governing body hereby authorizes the subdivision administrator to provide for the review of the abstract or certificate of title of the land in question by the city attorney;
6.
The DEQ or local health department/sanitarian approval;
7.
The final grading and drainage plan, including all road plans and profiles and state or local encroachment or approach permits (as required);
8.
All engineering plans;
9.
Any property owner association documents, including bylaws, covenants, and declarations;
10.
A certificate of dedication of public improvements;
11.
A copy of the approved state highway permits when a new road or driveway will intersect with a state highway;
12.
A subdivision improvements agreement, financial guarantee and supporting documentation securing the future construction for all incomplete improvements to be installed (if applicable);
13.
City attorney review of title report; and
14.
One 11″ x 17″ and four 24″ x 36″ versions (two mylar and two paper) of the final plat, completed in accordance with the Uniform Standards for Final Subdivisions Plats set forth in section 21-62 and as required by the Custer County Clerk and Recorder's Office.
b.
Review by subdivision administrator.
1.
The subdivision administrator shall review the final plat to ascertain that all conditions and requirements for final plat approval have been met. The subdivision administrator will not accept, begin processing, nor schedule any actions on a final plat submittal until a complete application and fee, and copies of the final plat have been received. Final plat applications will not be considered complete by the subdivision administrator until all conditions of preliminary approval have been satisfied.
2.
If the subdivision administrator determines that the final plat differs from the approved or conditionally approved preliminary plat, the applicant shall be required to submit any review fee authorized by an adopted fee schedule and an amended application pursuant to subsection (b)(5) below.
3.
The subdivision administrator or county clerk and recorder may require that final subdivision plats be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before recording with the clerk and recorder. When the survey data shown on the plat meets the conditions pursuant to these regulations, the examining land surveyor (as applicable) shall certify the compliance in a printed or stamped signed certificate on the plat.
4.
If the subdivision administrator determines that the final plat and application comply with the conditions and requirements for final plat approval, the subdivision administrator will notice and schedule a meeting with the governing body for final plat approval per subsection (b)(6) below. Notice of the governing body's meeting for final plat approval shall consist of posting a brief description of the pending action(s) on a bulletin board at city hall for at least two full working days.
5.
Some governing body actions related to final plat review, such as acceptance of streets or park dedication, or cash-in-lieu of park land amounts, require action by the governing body prior to or at the time of final plat approval. In these cases, the meetings will typically be consolidated, scheduled, and noticed by the subdivision administrator only as a meeting for final plat approval.
(3)
Restrictive covenants, approval, content and enforcement by governing body; maintenance of common and shared property or improvements.
a.
The governing body may require that some or all restrictive covenants governing the use of land within the subdivision, whether proposed by the subdivider or required by the governing body, be set forth in a separate heading identifying them as plat approval covenants, and indicating: "These covenant(s) may not be repealed or amended without prior written consent of the Miles City City Council."
b.
The governing body may require restrictive covenants. The restrictive covenants that it has required as a condition of plat approval may be required to contain the following language: "The City of Miles City is a party to this restrictive covenant and may enforce its terms."
c.
If common property or facilities are to be deeded to or managed by a property owners' association, the covenants and bylaws which govern the association must, at a minimum, provide for the:
1.
Formation of a property owners' association concurrently with the filing of the final subdivision plat. Articles of incorporation shall be filed with the secretary of state's office. The property owners' association bylaws shall be recorded with the Custer County Clerk and Recorder's Office;
2.
Mandatory membership for each property owner. Purchasers of property may also be required to sign a waiver of right to protest the formation of a maintenance district to maintain improvements;
3.
Perpetual reservation of the common property when required under MCA 76-3-621(6)(a);
4.
Payment of liability insurance premiums, local taxes, and the cost of maintaining recreational or other facilities;
5.
Placement of liens on the property of lot owners who are delinquent in the payment of association fees and assessments;
6.
Adjustment of assessments to meet changing needs;
7.
Means of enforcing the covenants, and of receiving and processing complaints;
8.
Transition of control of the association from the declarant to the property owners;
9.
Dissolution of the association and modification of the covenants and restrictions after obtaining the governing body's approval of the change; and
10.
Regular maintenance of roads, parks, buildings, drainage facilities, and other facilities controlled by the association.
d.
When a proposed subdivision is subject to existing covenants, deed restrictions or any other restrictions filed in the records of the Custer County Clerk and Recorder's Office that the governing body has the right to enforce, all lots shall conform to the restrictions. The governing body reserves the right to notify and seek comment from landowners or an association that is party to the covenants, deed restrictions or other restrictions prior to taking action on a preliminary plat application.
e.
When physical improvements are shared by more than one lot within the subdivision, but a property owners' association is not to be formed to manage the improvements, a declaration of shared use and maintenance agreement for any shared infrastructure shall be created and recorded with the Custer County Clerk and Recorder's Office. At a minimum, the document shall provide for:
1.
The regular maintenance of the shared infrastructure;
2.
A requirement for equitable payment of the cost of maintaining the shared infrastructure;
3.
Allowed adjustments of assessments to meet changing needs;
4.
A means of enforcing the terms of the declaration;
5.
An allowance for placement of liens on the property of lot owners who are delinquent in the payment of maintenance fees and assessments; and
6.
The modification of the declaration after obtaining the governing body's approval of the change.
(4)
Public improvements agreement, guaranty. As a condition of approval of the final plat, the subdivider must have installed all required improvements or have entered into a subdivision improvements agreement guaranteeing the construction and installation of all required improvements (MCA 76-3-507). The governing body may require 50 percent of all improvements or 100 percent of any improvements necessary to protect public health and safety to be completed before allowing bonding or other reasonable security for purposes of filing a final plat. The requirement is applicable to approved preliminary plats (MCA 76-3-507(4)). No construction or placement of structures on the lots may occur until improvements related to public health and safety, such as roads or firefighting facilities, have been installed and engineering plans have been filed. A model subdivision improvements agreement and alternative methods of guaranteeing public improvements, the procedures and requirements for securing an agreement, and suggested conditions for maintenance are available from the subdivision administrator.
If the subdivider chooses to enter into a subdivision improvements agreement, guaranteeing the public improvements through a bond or letter of credit, three bids for the cost of installation of the public improvements shall be obtained by the subdivider. The amount of the guarantee shall be calculated by multiplying 125 percent by the highest bid. As the public improvements are installed, the subdivider shall provide a letter to the governing body indicating such, and including a copy of the engineered plans certifying all public improvements have been installed in conformance with the approved plans and specifications. Prior to the release of the guarantee, a copy of the plans, stamped by the project surveyor or engineer in accordance with their licensing provisions, shall be filed in the county clerk and recorder's office with reference to the final subdivision plat.
(5)
Amending approved preliminary plats before final plat approval.
a.
If the subdivider proposes to change the subdivision or the terms of preliminary approval after the preliminary plat approval but before the final plat approval, the subdivider shall submit the proposed changes to the subdivision administrator for review.
1.
Within five working days of receiving the proposed changes, the subdivision administrator shall determine whether the changes to the preliminary plat are material pursuant to subsection (5)(b) below.
2.
If the subdivision administrator determines the changes are material (see definition), the subdivision administrator may either require the changes to be reviewed by the planning board at a noticed public hearing for a recommendation to the governing body, or, if the changes are extensive, the subdivision administrator may require the subdivider to begin the subdivision review process again, starting with the pre-application meeting, and require payment of a new application fee.
3.
If the subdivision administrator determines the changes are not material, the subdivision administrator shall recommend approval of the changes to the governing body, notify the subdivider and the governing body of that recommendation, and the governing body shall review those changes in a public meeting for which notice has been given of nonmaterial changes to the final plat. If the governing body determines the changes are material at the public meeting or before the changes are approved, it may direct the subdivision administrator to require the changes to be reviewed starting at any point contemplated by subsection (2) above.
b.
The following changes, although not an exhaustive list, may be considered material:
1.
Configuration or number of lots;
2.
Street layout;
3.
Water and/or wastewater treatment system proposals;
4.
Configuration of park land or open spaces;
5.
Easement provisions;
6.
Designated access;
7.
Changes to the proposed covenants; or
8.
Necessary or proposed changes to conditions of approval.
c.
A subdivider whose proposed changes to the preliminary plat have been deemed material by the subdivision administrator may appeal the subdivision administrator's decision to the governing body by written notice within ten working days. The subdivider may request a hearing with the governing body, and may submit additional evidence to show that the changes to the preliminary plat are not material.
d.
If the subdivider and subdivision administrator determine that a condition of approval is illegal or impossible to comply with due to circumstances outside the subdivider's control, the condition may be reviewed by the governing body through a properly noticed public meeting or hearing, as applicable, in order to determine if the condition may be waived or amended.
(6)
Final plat approval.
a.
Approval by the governing body. The governing body shall examine every final subdivision plat and shall approve it if it conforms to the conditions of preliminary plat approval and to the terms of the MSPA and these regulations, or deny it pursuant to subsection (6)(a)(2) below.
1.
If the final plat is approved, the governing body shall certify its approval on the face of the final plat. When applicable, a certificate of the governing body expressly accepting any dedicated land, easements, or improvements will be filed with the final plat.
2.
If the final plat is denied, the governing body shall write a letter stating the reason for denial and forward a copy to the subdivider. The governing body will return the final plat to the subdivider within ten working days of the action. The subdivider may then make any necessary corrections and resubmit the final plat for approval.
b.
Inaccurate information. The governing body may withdraw approval of a final plat if it determines that material information by the subdivider is inaccurate.
(7)
Final plat filing. The county clerk and recorder may not accept any plat for filing that does not bear the governing body's approval in proper form or that has been altered. The clerk and recorder may file an approved plat only if it is accompanied by the documents specified in the Montana Uniform Standards for Monumentation, and Final Subdivision Plats, contained in section 21-62.
(8)
Amending filed plats.
a.
Changes that will substantially alter the contents of the original approved subdivision application, do not comply with the conditions of preliminary plat approval, or will materially alter any portion of a filed plat (not to include minor boundary adjustments), its land divisions or improvements, that is determined by the subdivision administrator to have the potential to negatively impact one or more of the primary review criteria for subdivisions, or that will modify the approved use of land within the subdivision, must be reviewed and approved by the governing body using the procedure for material amendments described in subsection (5), Amending approved preliminary plats before final plat approval, above.
b.
Any alteration which increases the number of lots, modifies six or more lots, or abandons or alters a public road right-of-way or park land dedication shall be reviewed and approved by the governing body pursuant to subdivision review procedures or vacation or abandonment laws, as applicable.
c.
An amended plat may be subject to the procedures for reviewing major or minor subdivisions, as appropriate.
d.
The governing body reserves the right to require a current abstract of title for the impacted properties and may not approve an amended final plat without the written consent of the owners and lienholders of all lots which will be modified by the proposed amendment.
e.
The governing body may not approve an amendment that will place a lot in nonconformance with the design and improvement standards contained in section 21-18 of these regulations unless the governing body holds a public hearing on the amendment and issues a written variance from the standards pursuant to section 21-22(a), variances.
f.
The governing body may not approve an amendment that will place a lot in nonconformance with zoning regulations unless the Miles City Board of Adjustment has granted a zoning variance to the applicable standard.
g.
The final amended plat submitted for approval must comply with the requirements for final subdivision plats under the Uniform Standards for Filing Final Plats (section 21-62).
(Ord. No. 1267, § 1, 5-13-14)