City of Belgrade Subdivision Regulations

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SECTION 13: ADMINISTRATIVE PROVISIONS

1. Variances
2. Amendments to Subdivision Regulations
3. Administration
4. Fees
5. Corrections, Amendments, or Vacations of Recorded Final Plats
6. Inaccurate or Incomplete Information
7. Changes to Conditions After Approval
8. Additional Conditions After Approval
9. Waivers

1. Variances.
   1. Hardship: The Council may grant reasonable variances from these Regulations where it is found that strict compliance would result in undue hardship and such strict compliance is not essential to the public health, safety, and general welfare.
      
      
   2. Procedure: The subdivider shall include with the submission of the preliminary plat a written statement describing the requested variance and the facts of hardship upon which the request is based. The Council shall then consider each variance at the public hearing on the preliminary plat.
      
      
   3. Conditions: In granting variances, the Council may require such conditions as will, in its judgment, secure the objectives of these Regulations.
      
      
   4. Statement of Facts: When any such variance is granted, the motion of approval of the proposed subdivision shall contain a statement describing the variance and the facts and conditions upon which the issuance of the variance is based.
      
      
   5. Planned Unit Development: Where the standards and requirements of these Regulations may be modified by the Council in the case of a planned unit development, no application for a variance shall be necessary.
      
      
2. Amendments to Subdivision Regulations.
   
   
   1. General: For the purpose of providing for the public health, safety, and general welfare, the Council may amend the provisions of these Regulations.
      
      
   2. Hearing: Provided further that such amendments shall not become effective until after a public hearing has been held before the Council, legal notice of which shall have been given in a newspaper of general circulation in the City not less than 15 days nor more than 30 days prior to the date of hearing.
      
      
   3. The Council may hold a public hearing for amendments to these Regulations because of amendments to the Act and the Administrative Rules of Montana.
      
      
3. Administration.
   
   
   1. Violation: Any person, firm, corporation or other entity who shall violate the provisions of these Regulations shall be guilty of a misdemeanor.
      
      
   2. Penalties: Any violation of the provisions of this Regulation is an offense punishable by a fine of not less than $100.00 nor more than $500.00 or imprisonment in a county jail for not more than three months or by both fine and imprisonment. Each sale or transfer, or offer of sale or transfer, of each separate parcel of land in violation of any provision of these regulations shall be deemed a separate and distinct offense.
      
      
   3. Enforcement: Every final plat must be filed for record with the Clerk and Recorder before title to the subdivided land can be sold or transferred in any manner or offered for sale or transfer.
      
      If illegal transfers or offers of any manner are made, the City Attorney shall commence action to enjoin further sales or transfers or offers of sale or transfer and to compel compliance with all provisions of these Regulations, the cost of such action being imposed against the person or entity committing the illegal act.
      
      
4. Fee. Review fees shall be paid to the Planning Department for each subdivision plat reviewed according to the fee schedule in these regulations (see Appendix ).
   
   
5. Corrections, Amendments or Vacation of Recorded Final Plats.
   
   1. Correction of Errors: Corrections of errors that in the Council's opinion will not materially alter the plat may be made by the submission of a corrected final plat for the Council's approval. The plat may be filed under the procedures for first minor subdivision plats.
      
      The plat shall be entitled "Amended Plat of the (name of subdivision) Subdivision" and the reason for the correction shall be stated on the face of the plat.
      
      
   2. Material Alterations: Amendments that materially alter the final plats or any portion thereof, shall be made by the filing of an amended plat showing all alterations. The amended plat shall be approved by the Council under the major or minor subdivision procedure as is appropriate. Prior to such approval, the amended plat shall be reviewed by the Planning Department. The Council may not approve an amendment which will place the plat in non-conformance with the standards contained herein unless a public hearing is held on the plat and a written variance from the standards issued pursuant to procedures contained herein for such variances.
      
      The plat shall be entitled "Amended Plat of (the name) Subdivision," and the reason for the amendment shall be stated on the face of the plat.
      
      
   3. Vacating Recorded Plats: Any plat prepared and recorded as provided herein required may be vacated, either in whole or in part, as provided by 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115, MCA. Upon vacation, the Council or the district court, as provided in 7-5-2502, shall determine to which properties the title to the streets and alley of the vacated portions shall revert. The Council or the district court, as provided in 7-5-2502, shall take into consideration the previous platting; the manner in which the right-of-way was originally dedicated, granted, or conveyed; the reasons stated in the petition requesting the vacation; the parties requesting the vacation; and any agreements between the adjacent property owners regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions.
      
      When any poleline, pipeline, or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public utility facility.
      
      
6. Inaccurate or Incomplete Information. The Council may withdraw approval of a preliminary plat if they determine that information provided by the subdivider, and upon which approval of the preliminary plat was based, is inaccurate or incomplete.
   
   
   1. Within 30 days following approval or conditional approval of a preliminary plat any person or agency which claims that information which was provided by the subdivider is inaccurate or incomplete may submit the information and proof to the planning department.
      
      
   2. The Planning Department shall investigate the claim, the accompanying information and proof, and make a report to the Council.
      
      
   3. Within 15 days after receipt of the information, the Planning Department shall present the report to the Council at a regular meeting of the Council. Notice of the meeting shall be given to the claimant and the subdivider. At the meeting the Council shall consider the information and proof.
      
      
7. Changes to Conditions After Approval. Upon written request of the subdivider, the Council may amend conditions of preliminary plat approval where it can be found that errors or changes beyond the control of the subdivider have rendered a condition unnecessary, impossible or illegal.
   
   
   1. The written request shall be submitted to the Planning Department.
      
      
   2. The Council shall conduct a public hearing on the request.
      
      
   3. Notice of the public hearing shall be given in accordance with these Regulations.
      
      
   4. The Council may approve the requested change if it meets the criteria set forth in these Regulations, except that written findings of fact are not required.
      
      
8. Additional Conditions After Approval. After the preliminary plat is approved, unless inaccurate or incomplete information has been found or a change to a condition has been requested, 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 in these Regulations.
   
   
9. Waivers. In Planned Unit Developments, the Council may grant reasonable waivers from these Regulations where it is found that these Regulations allow a waiver to be requested and granted.
   
   
   1. Procedure: The subdivider shall include with the submission of the preliminary plat a written statement describing the requested waiver and the reasons upon which the request is based. The Council shall then consider each waiver on the preliminary plat.