[ back to index listing
SECTION 4: SUMMARY REVIEW PROCEDURES FOR MINOR SUBDIVISIONS
- First Minor Subdivision
- Subsequent Minor Subdivisions
- First Minor Subdivision Application
- First Minor Subdivision Plat Submittal
- First Minor Subdivision Plat Approval
- First Minor Subdivision Approval Period
- Additional Conditions After Approval
- Final Plat
- General. Subdivisions containing
five or fewer lots in which proper access to all lots is provided and
in which no land is to be dedicated to public use for parks and playgrounds,
shall be reviewed under the procedures of this Section.
- First Minor Subdivision. For a first
minor subdivision created from a tract of record, the requirements for
a public hearing and preparation of an environmental assessment do not
- Time for Review: The Council shall approve, conditionally approve,
or disapprove the first minor subdivision from a tract of record
within 35 days of the submission of a completed application, unless
the subdivider consents in writing to an extension of the review
- Pre-Submittal Meeting: To provide assistance in the minor subdivision
review process, the Planning Department is available to meet with
the subdivider prior to submitting a subdivision application. The
purpose of this meeting is to: discuss the Regulations and design
standards; familiarize the subdivider with the subdivision review
process; identify goals and objectives of applicable plans, regulations,
and ordinances; and, discuss the proposed subdivision as it relates
to these matters. If necessary, the Planning Department will assist
the subdivider in obtaining copies of available surveys and/or plats
from the Clerk and Recorder’s Office.
- Pre-Application Plan: It is highly recommended that prior to
submittal of a preliminary plat, the subdivider submit an application
for pre-application review. The application for pre-application
review should provide all of the information as set forth in these
Regulations. Six copies of the pre-application materials should
be submitted. The Planning Department shall review the pre-application
plan and within 15 working days advise the subdivider as to whether
the plans and data meet the goals and objectives of applicable City
approved plans and these Regulations.
- Subsequent Minor Subdivisions. For
second or subsequent minor subdivisions from a tract of record, the
requirements for a public hearing and environmental assessment apply.
The procedures of the Major Subdivision Section apply to a second or
subsequent minor subdivision.
- Time for Review: The Council shall approve, conditionally approve,
or disapprove the second or subsequent minor subdivision from a
tract of record within 60 days of the submission of a completed
application, unless the subdivider consents in writing to an extension
of the review period.
- First Minor Subdivision Application. The
subdivider shall submit an application for minor subdivision review,
the appropriate fee, and all required preliminary information as set
forth in these Regulations.
- 15 copies of the application materials are required.
- First Minor Subdivision Plat Submittal. All
minor subdivision applications should be submitted to the Planning Department
at least 18 days prior to the next regular Planning Board meeting. The
Planning Department shall review the application within three working
days to determine if it is complete. The review period will begin on
the date that the Planning Department determines the application is
complete. The application shall be heard by the Planning Board at its
next regular meeting following the determination of the completeness
of the application. If the application is determined to be incomplete;
the application, review fee and a written deficiency notice will be
returned to the subdivider.
- Planning Board Review: The Planning Board shall review the proposed
- The Planning Board shall consider whether the preliminary
plat conforms to the provisions of:
( 1) Any officially adopted comprehensive plan for the area
(2) Applicable zoning regulations.
(3) The Montana Subdivision and Platting Act.
(4) Subdivision regulations.
- Within 10 days after the Planning Board review, the Planning
Board shall submit in writing to the Council:
(1) Its advice regarding the items under subsection (a) above.
(2) A recommendation for approval, conditional approval or disapproval
of the plat, or no official recommendation.
- First Minor Subdivision Plat Approval. The
Council shall approve, conditionally approve, or disapprove the preliminary
plat of a first minor subdivision within 35 days of determination that
the application is complete, unless there is a written extension from
- Basis for Decision: The basis for the Council’s decision
shall be whether the preliminary plat, planning board advice and
recommendation, and additional information demonstrate that development
of the subdivision meets the requirements of the Act. The Council
may not deny approval of a subdivision based solely on the subdivision’s
impacts on educational services.
- Findings of Fact: The Council shall issue written findings of
fact that weigh the following criteria:
- The effect on agriculture, agricultural water user facilities,
local services, the natural environment, wildlife and wildlife
habitat, and public health and safety.
- Compliance with the survey requirements of the Act.
- Compliance with these local subdivision regulations and the
review process of these regulations.
- The provision of easements for the location and installation
of any necessary utilities.
- The provision of legal and physical access to each parcel
within the subdivision and the required notation of that access
on the applicable plat and any instrument transferring the parcel.
The written findings of fact shall include:
- The reason for the denial or condition imposition.
- The evidence that justifies the denial or condition imposition.
- Information regarding the appeal process for the denial or
- Mitigation: The Council may require the subdivider to design
the subdivision to reasonably minimize potentially significant adverse
impacts identified through the review required by these Regulations.
The Council shall issue written findings to justify the reasonable
mitigation required by these Regulations.
- In reviewing a subdivision under this section and when requiring
mitigation under this subsection, the Council may not unreasonably
restrict a landowner’s ability to develop land, but it
is recognized that in some instances the unmitigated impacts
of a proposed development may be unacceptable and will preclude
approval of the plat.
- When requiring mitigation under this subsection, the Council
shall consult with the subdivider and shall give due weight
and consideration to the expressed preference of the subdivider.
- Subdivision Proposed in Master Plan Area: When a minor subdivision
is proposed in an area where a master plan has been adopted pursuant
to Section 76-1-101, et seq., MCA, and the proposed subdivision
will comply with the master plan; the subdivision is exempt from
the review criteria contained in these Regulations but is subject
to applicable zoning regulations.
- In order for a master plan to serve as the basis for the
exemption provided in this subsection, the plan must, at a minimum,
(1) Housing, transportation, and land use elements sufficient
for the Council to protect public health, safety and welfare.
(2) A discussion of physical constraints on development that
exist within the area encompassed by the proposed subdivision.
- First Minor Subdivision Approval Period.
Upon approving or conditionally approving a preliminary plat,
the Council shall provide the subdivider with a dated and signed statement
of approval. This approval shall be in force for not more than three
calendar years or less than one calendar year. At the end of this period
the Council may, at the request of the subdivider, extend its approval
for no more than one calendar year, except that the Council may extend
its approval for a period of more than one year if that approval period
is included as a specific condition of a written subdivision improvements
agreement between the Council and the subdivider.
- Additional Conditions After Approval. After
the preliminary plat is approved, the Council may not impose any additional
conditions as a prerequisite to final plat approval, providing said
approval is obtained within the original or extended approval period
as provided above.
- At the request of the subdivider and with the concurrence of the
subdivider, the Council may modify a condition of preliminary plat
approval consistent with these Regulations at a regularly scheduled
meeting of the Council
- Final Plat. The final plat shall
follow the requirements of the Major Subdivision Section.