A subdivision containing six or more lots/spaces/units, as well as the second or successive minor subdivision where a cumulative total of six or more lots/spaces/units is proposed from the original tract of record in existence on October 1, 1993.

A. Application. The subdivider shall submit a complete application addressing subsections (A)(1) through (3) of this section to the TCPO office in accordance with the policies established by the planning board:

1. Preliminary plat application (form available at TCPO);

2. Sixteen copies of the preliminary plat and one reproducible set of supplemental information (See Appendix A of this title);

3. One reduced copy of the preliminary plat not to exceed eleven inches by seventeen inches in size suitable for photocopier use;

4. Application fee as established by the tri-city planning board.

B. Action by TCPO Planning Staff. Upon receipt of the submitted documents, TCPO staff shall review them to determine their completeness. If the application is complete, it shall be date stamped showing the working day it arrived complete. If the submitted documents and information are found to be incomplete or insufficient, the applicant shall be notified of the deficiencies and informed that the application will not be formally accepted for processing until the missing items are submitted. Upon receipt of the completed application, TCPO shall:

1. Distribute copies of the submitted application for review and comment to the appropriate affected rural school district(s) as well as other departments, agencies and utility companies, as deemed necessary by the planning director;

2. Set a date for public hearing by the city-county planning board. The notice of such hearing shall be published in a newspaper of general circulation in the city not less than fifteen days prior to the date of the hearing, exclusive of the date of notice and the date of hearing. The subdivider and each property owner of record immediately adjoining the land included in the plat shall also be notified of the hearing by registered or certified mail not less than fifteen days prior to the date of the hearing, exclusive of the date of notice and the date of hearing;

3. Review the submitted plat and supplemental information to determine compliance with these regulations and prepare its report which shall include comments received from other departments, agencies and utility companies, findings of fact and recommendations;

4. Submit the application and staff report to the planning board members and submit the staff report with associated agency and public comments to the subdivider at least five days prior to the meeting;

5. Present the application and staff report at the hearing.

C. Action by the Planning Board. The planning board shall:

1. Review the application, TCPO staff report, comments from other departments and any supplemental information;

2. Hold public hearing(s) and receive public comments;

3. Prepare and adopt written findings of fact. Such findings of fact shall be based on the consideration of the following:

a. Effects on agriculture and agricultural water user facilities;

b. Effects on local services;

c. Effects on the natural environment;

d. Effects on wildlife and wildlife habitat;

e. Effects on public health and safety;

f. Conformance with the following:

i. These regulations,

ii. Applicable zoning regulations,

iii. Applicable master plan, and

iv. The Montana Subdivision and Platting Act;

4. Based on the above findings, make a recommendation to the city council to approve, conditionally approve or deny the preliminary plat. The planning board, at its discretion, may not make a recommendation;

a. A positive recommendation may incorporate reasonable conditions of mitigation to reasonably minimize potentially significant adverse impacts identified above;

b. When requiring conditions of mitigation, the board shall consult with the subdivider and shall give due weight and consideration to the expressed preference of the subdivider;

c. A subdivision shall not be denied based solely on its impact on educational services.

5. Forward its recommendation or nonrecommendation in writing to the city council along with three copies of the plat signed by the president of the planning board;

6. Any change in the preliminary plat made by the applicant after planning board action, but before city council action, will be reviewed by the planning director who will determine if the change is insignificant or substantial.

a. Insignificant changes have minimal impact either on the scale or scope of the project or on the immediate neighborhood. The director will note the changes and forward them to the city council as part of their final action. This does not preclude the council from concluding that the changes are substantial and warrant planning board rehearing and consideration.

b. Substantial changes may impact the scope or scale of the project or immediate neighborhood. Such changes may include moving ingress-egress points, increasing the number of lots, rearranging five or more lots, relocation of parking facilities, buildings, etc. The planning director shall notify the applicant and return the preliminary plat to the planning board for rehearing and reconsideration.

c. Any time an applicant proposes substantial changes, the applicant does so with the understanding that he or she is also agreeing to extend the minimum sixty-day review period an additional sixty days from the date that the planning board holds a new public hearing and makes a recommendation.

D. Action by the City Council. Upon receipt of the planning board recommendation, the city council shall:

1. Review the application, planning board recommendation, TCPO report, public comments, and other related information, and thereupon, shall adopt the written findings of fact as presented by the planning board or make and adopt new written findings of fact. Such findings shall be based on the following:

a. Effects on agriculture and agricultural water users;

b. Effects on local services;

c. Effects on the natural environment;

d. Effects on wildlife and wildlife habitat;

e. Effects on public health and safety;

f. Conformance with the following:

i. These regulations,

ii. Applicable zoning regulations,

iii. Applicable master plan, and

iv. The Montana Subdivision and Platting Act;

2. Based upon the above findings, the city council shall then approve, conditionally approve, or deny the preliminary plat within sixty days of its presentation at the meeting of the planning board, unless the subdivider consents to an extension of the review period in writing.

E. Preliminary Plat Approval.

1. The city council shall provide the subdivider with a dated and signed statement of approval along with one signed copy of the plat. A signed approval statement and a signed copy of the plat shall be returned to TCPO, and the third signed copy of the preliminary plat shall be retained by the city. If conditions are placed on the preliminary plat, the reason for imposition of the condition(s), evidence justifying imposition of the condition(s) and information regarding the appeal process as provided for in Chapter 17.36 of this title shall be provided in writing to the subdivider.

2. An approval may incorporate reasonable conditions of mitigation or reasonably minimize potentially significant adverse impacts identified above.

3. When requiring conditions of mitigation, the city council shall consult with the subdivider and shall give due weight and consideration to the expressed preference of the subdivider.

4. A subdivider may be required to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads, sewer lines, water supply lines and storm drains to a subdivision but the costs must reasonably reflect expected impacts attributable to the subdivision.

5. The city council may not require a subdivider to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education.

6. The approval of the preliminary plat shall be in force for not more than two calendar years, nor less than one calendar year. At least thirty days prior to the end of this period, the subdivider may request, in writing, an extension of the approval for no more than one calendar year and the council may grant such extension. The total life of a preliminary plat shall not exceed three calendar years.

7. After the preliminary plat is approved, the city council may not impose any additional conditions as prerequisite to final plat approval providing the approval is obtained within the original or extended approval period as provided in subsection (F)(6) of this section.

8. The subdivider shall not proceed with any construction work on the proposed subdivision, including grading and excavation relating to public improvements, until such time that preliminary plat approval is granted by the city council. Construction may be commenced upon approval of the preliminary plat subject to any required conditions of approval. Upon approval of the preliminary plat, the subdivider may proceed with the preparation and submission of the final plat for approval by the city council. Prior to final plat approval, lots may not be sold. See Section 17.12.070(C) of this chapter.

Note: If preliminary plat is approved, proceed to Section 17.12.070(D) of this chapter, Final Plat Application.

F. Preliminary Plat Denial.

1. If the city council denies the preliminary plat, it shall forward one copy of the plat to the subdivider accompanied by a letter over the appropriate signature stating the reason for denial, evidence justifying the denial and information regarding the appeal process provided for in Chapter 17.36 of this title.

2. A subdivision may not be denied based solely on its impact on educational services. (Ord. 649 § 2(part), 2003; Ord. 628 § 2, 2000; Ord. 588 § 1(part), 1996)