§ 17.16.26.010. Application and review procedure for a major subdivision (See: 76-3-601, MCA).

A.

Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the Director of the Planning and Community Development Department to:

1.

Review applicable State laws and local regulations and procedures; and,

2.

Review applicable goals and objectives of the City's growth policy; and,

3.

Review the concept plat; and,

4.

Create a list of the public utilities, agencies of local, State and federal government and other entities to be contacted for comment on the subdivision application and the timeframes that the public utilities, agencies and other entities are given to respond.

The pre-application meeting may, at the discretion of the director and concurrence of the applicant or the applicant's agent, be held via telephone conference within thirty (30) days from the date the subdivider requests such a meeting. Prior to the conference, the concept plat shall be submitted to the director. A representative from the Planning and Community Development Department, Public Works Department, Fire Department, and other City departments as appropriate should participate in this preliminary discussion.

B.

Neighborhood council contact recommended. Prior to submitting an application, the applicant should meet with representatives of the neighborhood council in which the project is located to present the project and solicit feedback.

C.

Submittal of application. The applicant shall submit an application to the Planning and Community Development Department along with the application fee as may be established by the City Commission, within six (6) months of pre-application meeting referenced in A above. The date of submittal shall be the date of delivery of the application to the Planning and Community Development Department, accompanied by the correct and full fees.

D.

Determination of completeness. Within five (5) working days of submittal, the director shall determine whether the proposed application contains all of the listed materials as required by Section 17.16.26.080 of this Article, and notify the applicant of any deficiencies. The director has an additional fifteen (15) working days to determine whether the application and required elements contain detailed, supporting information that is sufficient to allow for review of the proposed subdivision under the provisions of this chapter and local regulations adopted pursuant to this chapter. If the application is incomplete, the applicant has six (6) months to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied. (See: 76-3-604(1) and (2), MCA)

E.

Schedule date of review. Following a determination of completeness, the director shall notify the Planning Board of the application. If more than two (2) majors are submitted in any given month, the Planning and Community Development Department, in consultation with the Planning Board president, may schedule separate meetings to consider them. Applications will be scheduled on a first-come first-serve basis.

F.

Notice. Consistent with Article 4 of this chapter, the director shall provide for public notice, neighborhood council notification, property owner notification, agency notification, and posting of a sign on the premises.

G.

Staff report. The director shall prepare a written staff report as described in this article and mail it to each member of the Planning Board, the applicant, and the applicant's agent, if any, at least three (3) days prior to the public hearing. He/she shall also provide a copy to interested people upon request.

H.

Public hearing. Allowing for proper public notice, the Planning Board shall conduct a public hearing to review the application. (See: 76-3-501(1)(n) and 76-3-605(1), MCA)

I.

Review session. Allowing for proper notice, the Planning Board may conduct a review session to review the application. The purpose of this session is to allow the Planning Board members and the applicant to informally discuss the preliminary plat without making a formal recommendation.

J.

Planning Board recommendation. Within ten (10) days of the public hearing (unless the applicant consents in writing to an extension of the review period), the Planning Board after considering the comments and recommendations of the staff report shall make a recommendation to the City Commission, based on the decision criteria contained in this article to either:

1.

Approve the preliminary plat; or,

2.

Approve the preliminary plat with conditions; or,

3.

Deny the preliminary plat. (See: 76-3-605(4) and 76-1-107, MCA)

K.

Consultation. If the City Commission intends on imposing conditions of approval to mitigate negative impacts that are different than and/or in excess of those voluntarily included in the application of record by the applicant, the commission shall consult with the applicant and give due weight and consideration to the expressed preference of the applicant. (See: 76-3-608(5)(b), MCA)

L.

Supplemental consideration. If as a result of the consultation, the proposed subdivision is materially and substantially different than the original application, the City Commission may direct the Planning Board to conduct another public hearing to consider the application as may be changed by the anticipated mitigation.

M.

City Commission decision. Within sixty (60) days of the determination of completeness (unless the applicant consents in writing to an extension of the review period), the City Commission after considering the comments and recommendation of the Planning Board and after reviewing the staff report shall make a decision, based on the decision criteria contained in this article, to either:

1.

Approve the preliminary plat; or,

2.

Approve the preliminary plat with conditions; or,

3.

Deny the preliminary plat. (See: 76-3-604(2), MCA)

The preliminary plat decision shall be prepared consistent with the requirements contained in this article.

(Ord. No. 3056, § 1, 8-17-2010; Ord. No. 3109, § 1, 7-2-2013)