A subdivision containing five or fewer lots/spaces/units where all lots/spaces/units have proper access, no land will be dedicated to public use for parks, and this plat and all previous minor plats proposed from the original tract of record in existence on October 1, 1993, do not exceed a cumulative total of five lots/spaces/units shall be considered a minor subdivision.

A. Application. The subdivider shall submit the following to TCPO:

1. Preliminary plat application form available at TCPO;

2. Six copies of the preliminary plat and one reproducible set of supplemental information as provided for in 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. Review the submitted plat and supplemental information to determine compliance with this title and prepare its report which shall include comments received from other departments, agencies and utility companies, written findings of fact and a recommendation.

3. Forward the staff report and application materials to the city council with a copy of the report with agency and public comments to the subdivider.

C. Action by City Council.

1. The city council shall review the application, TCPO staff report and other related information and, thereupon, shall prepare and adopt written findings of fact. Such findings shall be based on the following criteria:

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;

2. Based on the above findings, the city council shall then approve, conditionally approve or deny the preliminary plat application within thirty-five days from the date a completed application was filed with TCPO unless the subdivider consents to an extension of the review period in writing.

D. Preliminary Plat Approval.

1. Upon approving the preliminary plat, the council shall provide the subdivider with one copy of 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 to 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. An approved 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 require, in writing, an extension of the approval for no more than one calendar year and the city 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 above in subsection (D)(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. Upon approval of the preliminary plat, the subdivider may commence construction subject to any required conditions of approval and 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.

E. Preliminary Plat Denial.

1. If the city council denies the preliminary plat, they 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 shall not be denied based solely on its impact on educational services. (Ord. 649 § 2(part), 2003; Ord. 588 § 1(part), 1996)