§ 17.16.26.020. Application and review procedure for a minor subdivision or for a second or subsequent minor subdivision from a tract of record (See: 76-3-505 (2) and 76-3-609, 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 subdivision 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 the 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 six (6) minors 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, appropriate notification, depending upon whether the application involves a minor plat or a second or subsequent minor subdivision from a tract of record (See: 76-3-605(3), MCA).

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 date of Planning Board consideration. He/she shall also provide a copy to interested people upon request.

H.

Public hearing for a second or subsequent minor subdivision from a tract of record. Allowing for proper public notice, the Planning Board shall conduct a public hearing to review the application for a second or subsequent minor subdivision from a tract of record. (See: 76-3-501(1) and 76-3-605(1), MCA)

I.

Planning Board recommendation. Within ten (10) days of the public meeting (in the case of a minor plat) or the public hearing (in the case of a second or minor subdivision from a tract of record), (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 minor plat; or,

2.

Approve the minor plat with conditions; or,

3.

Deny the minor plat. (See: 76-3-505(2)(b), MCA)

J.

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)

K.

City Commission decision. Within thirty-five (35) 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 minor plat; or,

2.

Approve the minor plat with conditions; or,

3.

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

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

L.

Applicant notification of decision. Within five (5) days following the decision date, the City Commission decision on the minor plat shall be mailed to the applicant.

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