§ 17.68.070. Dedication of parks: process.

Residential subdivisions, which for the purposes of this section also include mixed-use subdivisions and planned unit developments that will include both residential and nonresidential uses, must comply with the park dedication requirements established by Mont. Code Ann. 76-3-621. Compliance shall be determined using the following process.

A.

Pre-Application . All pre-applications for residential subdivisions shall show one or more proposed neighborhood parks that meet the standards established here; indicate that the applicant prefers to make a cash payment in-lieu of the dedication of park land; or show, in writing, how the application is exempt for any of the reasons listed in Mont. Code Ann. 76-3-621(6).

B.

Pre-Application Review . The Director of Planning and Community Development or his designee will review the pre-application and suggest any changes to the proposed park dedication that are needed before an application is filed. The review will be based on the requirements of Mont. Code Ann. 76-3-621; the standards adopted in 17.68.080 of this article; the City's parks plan; and the growth policy.

C.

Planning Board Review . In preparing its recommendation to the City Commission on an application for a residential subdivision, the Planning Advisory Board shall include a specific determination of whether or not the proposed residential subdivision complies with the requirements of Mont. Code Ann. 76-3-621; the standards adopted in 17.68.080; and the City's parks plan.

D.

City Commission Review . In deciding whether or not to approve an application for a residential subdivision, the City Commission shall make a specific determination of whether or not the proposed residential subdivision complies with the requirements of Mont. Code Ann. 76-3-621; the standards adopted in 17.68.080; and the City's parks plan.

E.

Improvement Agreement . Where an improvement agreement is required for a residential subdivision, the draft improvement agreement presented to the Planning Advisory Board and the City Commission shall include the language necessary to provide for the dedication of the proposed park or parks (dedication may, at the City's discretion, be phased); for the payment of the fee in-lieu of dedication; or for the recording of the documents needed to demonstrate that the proposed subdivision is exempt, as provided by Mont. Code Ann. 76-3-621(6).

F.

Enforcement . No Certificate of Occupancy for any structure in a residential subdivision shall be issued until a final plat bearing a certificate of park dedication has been recorded with the Cascade County Clerk and Recorder; a payment in lieu of park dedication has been received; the documents demonstrating that the subdivision is eligible for an exemption have been recorded with the Cascade County Clerk and Recorder; or an improvement agreement providing for the phased dedication of one or more parks or phased payments in-lieu of park dedication has been executed and recorded with the Cascade County Clerk and Recorder.

(Ord. No. 3130, § 1(Exh. A), 5-19-2015)