A. Purpose. The purpose of the final plat is to review the proposed subdivision for proper final engineering and subdivision design, to provide for dedication of lands required for public use, for the construction of public improvements, and for conformance with the preliminary plat. The final plat shall incorporate all modifications required in its preliminary review.

B. Phasing Final Plat Submittals. The applicant, as part of the preliminary plat approval, may propose to delineate on the preliminary plat two or more final plat filing phases and establish the schedules of the preliminary plat review and approval.

1. Each phase must be free-standing, that is, fully capable of functioning with all the required improvements in place in the event the future phases are not completed or completed at a much later time.

2. A phasing plan must be submitted which includes:

a. A plat delineating each phase and a general time frame for each phase;

b. Public improvements phasing plan showing which improvements will be completed with each phase.

3. The preliminary plat of a phased subdivision shall have time limits:

a. If a subdivision is part of an approved planned unit development (PUD) which contains a specific phasing plan complete with time lines, such phasing plan shall be binding.

b. For all other subdivisions, upon final plat approval of the first phase, final plats for each successive phase must be filed within two years of the previous final plat approval. Failure to meet this time frame will cause the preliminary plat to void.

4. When phasing was not indicated in the preliminary plat approval, the applicant shall submit to TCPO a phasing plan complying with subsections (B)(1) and (2) of this section and Appendix A of this title, Contents of Preliminary Plat Section (II)(D) Phased Projects. Such phasing plan shall be approved by TCPO (subject to appeal to the city council) prior to submittal of the final plat application for the first phase.

5. Minor modifications to an approved phasing plan which do not change impacts on the adjoining property may be approved or denied by the planning director.

C. Sale of Lots Prior to Final Plat.

1. A final subdivision plat must be approved and filed for record with the county clerk and recorder before title to the subdivided land can be sold or transferred in any manner, except after the preliminary plat of a subdivision has been approved, the subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following conditions are met:

a. That under the terms of the contracts, the purchasers of the lots in the proposed subdivision make any payments to an escrow agent which must be a bank or savings and loan association chartered to do business in the state;

b. That under the terms of the contracts and the escrow agreement, the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the subdivider until the final plat of the subdivision is filed with the county clerk and recorder;

c. That the contracts and the escrow agreement provide that, if the final plat of the proposed subdivision is not filed with the county clerk and recorder within the period of the preliminary plat approval, the escrow agent shall immediately refund to each purchaser any payments made under the contract;

d. That the contracts contain the following language conspicuously set out therein:

The real property which is the subject hereof has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to the property cannot be transferred in any manner.

D. Final Plat Application.

1. After receiving preliminary plat approval, the subdivider may proceed with the preparation and submission of the final plat of the proposed subdivision. All required improvements shall either be installed, or the subdivider shall enter into a subdivision improvements agreement with the city prior to the filing of the final plat guaranteeing the installation of remaining improvements (See Appendix E of this title, Subdivision Improvements Agreement).

2. A complete application for final plat approval shall be submitted to TCPO at least sixty days prior to the expiration date of the preliminary plat. (Because of processing time, complete final plat applications submitted less than sixty days prior to expiration face the possibility of expiring prior to city council review and action). The submittal shall include the following:

a. Completed final plat application form (available at TCPO);

b. Application review fee as set by the tri-city planning board;

c. One cloth backed or opaque mylar copy, two reproducible copies of the final plat and three blueprint copies of the final plat prepared in accordance with Appendix C of this title;

d. All attachments to the final plat as specified in Appendix C of this title;

e. Certification by the subdivider indicating which required improvements have been completed on the site or are subject to an attached subdivision improvements agreement in conformance with Appendix E of this title securing the future construction of public improvements to be installed.

E. Action by the Planning Office.

1. TCPO shall review the submitted plat and documents to assure completeness as well as compliance with:

a. The approved preliminary plat;

b. The preliminary plat conditions of approval;

c. The city of Columbia Falls subdivision regulations;

d. The Montana Subdivision and Platting Act.

2. If TCPO determines that the submitted final plat and attachments are complete and in substantial compliance with subsection (E)(1)(a) through (d) of this section, it will review and make its recommendation to the city council within thirty days of receipt of a complete application.

3. The city council must approve the completed final plat application and recommendation prior to actual expiration of the preliminary plat.

4. The final plat must conform to the preliminary plat map and conditions of preliminary plat approval.

a. Insignificant changes which have a minimal impact on the scale or scope of the project or immediate neighborhood shall be so noted in the report to the city council.

b. Changes which either the planning director or the city council determine to be substantial shall be returned to the planning board for rehearing and consideration as amendments to the original preliminary plat following procedures outlined in either Sections 17.12.040 or 17.12.050 of this chapter. Substantial changes would include moving ingress-egress points; rearranging five or more lots; increasing the number of lots; significant relocation of buildings, parking facilities or common areas; or requesting a deletion or substantial change to any condition of written approval except when a condition of approval is effectively changed as a result of new or modified governmental regulations.

F. Action by the City Council.

1. The city council shall approve the final plat if:

a. The final plat conforms to:

i. The preliminary plat and conditions of preliminary plat approval;

ii. The Montana Subdivision and Platting Act;

iii. The city of Columbia Falls subdivision regulations and in particular Appendix C of this title;

b. The subdivider has installed all the required improvements or has entered into a written subdivision improvements agreement with the city pursuant to Appendix E of this title.

2. The city council may withdraw approval of a plat if they determine that information provided by the subdivider, and upon which such approval was based, is inaccurate.

3. If the final plat is disapproved, the reasons for disapproval shall be stated in the minutes of the city council and a copy forwarded to the subdivider.

4. The acceptance of land dedications shall be made by specific action of the city council and shall be noted on the plat.

5. The city council shall approve or deny a final plat application within thirty days after receiving the TCPO recommendation, unless the subdivider waives in writing the right to have such a decision within the prescribed time limit. The city council shall notify in writing the subdivider and TCPO of their approval or denial of the final plat.

G. Final Plat Filing. The subdivider shall have thirty days from the date of the approval of the final plat to file the approved final plat and documents as described in Appendix C of this title with the county clerk and recorder. (Ord. 649 § 2(part), 2003; Ord. 588 § 1(part), 1996)