City of Belgrade Subdivision Regulations

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SECTION 3: REVIEW PROCEDURES FOR MAJOR SUBDIVISIONS

  1. General
  2. Pre-Submittal Meeting
  3. Pre-Application Plan
  4. Concurrent Review
  5. Preliminary Plat Required
  6. Preliminary Plat Application
  7. Preliminary Plat Submittal
  8. Preliminary Plat Approval
  9. Preliminary Plat Approval Period
  10. Additional Conditions After Approval
  11. Final Plat Required
  12. Final Plat Review
  13. Final Plat Approval

  1. General. Subdivisions containing six or more lots, and subdivisions containing five or fewer lots that do not qualify as first minor subdivisions, shall be reviewed under the procedures of this Section. This procedure is a four step process: pre-submittal meeting, pre-application plan, preliminary plat and final plat.

  2. Pre-Submittal Meeting. The subdivider shall meet with the Planning Department prior to submitting a plan or plat. The purpose of this meeting is to discuss these Regulations and standards, to familiarize the subdivider with the goals and objectives of applicable plans, regulations and ordinances, and to discuss the proposed subdivision as it relates to these matters.

  3. Pre-Application Plan. After the requirement for a pre-submittal meeting has been satisfied and prior to submittal of a preliminary plat, the subdivider shall submit an application for pre-application review, the appropriate fee, and all required pre-application information as set forth in these Regulations.

    1. Planning Department Review: Six copies of the pre-application materials are required.

      1. Time for Review. The Planning Department shall review the pre-application plan and within 15 working days advise the subdivider as to whether the plans and data meet the goals and objectives of applicable City approved plans and these Regulations.

    2. Optional Planning Board Review: The subdivider may request in writing that the planning board review pre-application plans. The letter of request and 14 copies of the pre-application materials are required.

      1. Time for Review. The request should be received at least 18 days prior to the Planning Board meeting at which it is to be considered. A copy of the approved minutes of the Planning Board meeting will be forwarded to the subdivider.
  4. Concurrent Review. The subdivider has the option of submitting a MDEQ/Local Government Joint Application Form in the place of a Preliminary Plat Application Form, and to request concurrent subdivision review by the MDEQ and the City of Belgrade (76-4-129, MCA).

  5. Preliminary Plat Required. After the requirement for pre-application review has been satisfied, the subdivider shall submit a preliminary plat. Preliminary plats are submitted to a planning department and must conform to the requirements of these Regulations. The preliminary plat shall be prepared by a surveyor licensed to practice in Montana.

    1. Time for Review: The Council shall approve, conditionally approve, or disapprove the preliminary plat within 60 days of the submission of a completed application, unless the subdivider consents in writing to an extension of the review period.

  6. Preliminary Plat Application.

    1. Application: The subdivider shall submit an application for preliminary plat review, the appropriate fee, and all required preliminary plat information and supplementary information as set forth in these Regulations.

      1. Within the jurisdictional area of a Planning Board: 15 copies.

    2. Affected Agencies: The Planning Department may submit copies of the preliminary plat and supplementary information to the affected utilities and public agencies for review and comment. Review by public agencies or utilities shall not delay the Council's consideration of the preliminary plat beyond the statutory 60-day review period.

  7. Preliminary Plat Submittal. All applications should be submitted to the appropriate planning department at least 31 days prior to the next available Planning Board meeting. The Planning Department shall review the application within three working days to determine if it is complete. The review period shall begin on the date that the Planning Department determines the application is complete. An application is complete only if it contains all of the information required by these Regulations. If the application is incomplete; the application, review fee and a written deficiency notice will be returned to the subdivider.

    1. Public Hearing Notice: Notice of the time and date of the preliminary plat public hearing shall be published in a newspaper of general circulation in the City not less than 15 days prior to the date of the hearing. The subdivider, each property owner of record, and each recorded purchaser under contract for deed immediately adjoining the land included in the plat shall be notified of the hearing by certified mail not less than 15 days prior to the hearing.

    2. Planning Board Review: The Planning Board shall conduct a public hearing and review the proposed subdivision.
      1. The Planning Board shall consider:

        (1) Relevant evidence relating to the public health, safety, and welfare.
        (2) The environmental assessment.
        (3) Other regulations in effect in the area of the proposed subdivision.
        (4) Whether the preliminary plat conforms to the provisions of:
                a) Any officially adopted comprehensive plan for the area involved.
                b) Applicable zoning regulations.
                c) The Montana Subdivision and Platting Act.
                d) Subdivision Regulations.

      2. Within 10 days of the public hearing and Planning Board review, the planning board shall submit in writing to the Council:

        (1) Its advice regarding the items under subsection (a) above.
        (2) A recommendation for approval, conditional approval, or disapproval of the plat, or no official recommendation.

  8. Preliminary Plat Approval. The Council shall conduct a public hearing and review the proposed subdivision. The Council shall approve, conditionally approve, or disapprove the preliminary plat within 60 days of determination that the application is complete, unless there is a written extension from the subdivider.

    1. Basis for Decision: The basis for the Council’s decision shall be whether the preliminary plat, environmental assessment, planning board advice and recommendation, and additional information demonstrate that development of the subdivision would meet the requirements of the Act. The Council may not deny approval of a subdivision based solely on the subdivision’s impact on educational services.

    2. Findings of Fact: The Council shall issue a written findings of fact that discusses and weighs the following criteria (pursuant to 76-3-608, MCA):

      1. Effect on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and the public health and safety.

      2. Compliance with the survey requirements of the Act.

      3. Compliance with these local subdivision Regulations and the review process of these Regulations.

      4. The provision of easements for the location and installation of any necessary utilities.

      5. The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel.


      The written findings of fact shall include:

      1. The reason for the denial or condition imposition.

      2. The evidence that justifies the denial or condition imposition.

      3. Information regarding the appeal process for the denial or condition imposition.

    3. Mitigation: The Council may require the subdivider to design the subdivision to reasonably minimize potentially significant adverse impacts identified through the review required by these Regulations. The City Council shall issue written findings to justify the reasonable mitigation required by these Regulations.

      1. In reviewing a subdivision under this Section and when requiring mitigation under this subsection, the Council may not unreasonably restrict a landowner’s ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the plat.

      2. When requiring mitigation under this subsection, the Council shall consult with the subdivider and shall give due weight and consideration to the expressed preference of the subdivider.

    4. Subdivision Proposed in Master Plan Area: When a subdivision is proposed in an area where a master plan has been adopted pursuant to Section 76-1-101, et seq., MCA, and the proposed subdivision will comply with the master plan, the subdivision is exempt from the review criteria contained in these Regulations but is subject to applicable zoning regulations.

      1. In order for a master plan to serve as the basis for the exemption provided in this subsection, the plan must, at a minimum, contain:

        (1) Housing, transportation, and land use elements sufficient for the Council to protect public health, safety and welfare.
        (2) A discussion of physical constraints on development that exist within the area encompassed by the proposed subdivision.
  9. Preliminary Plat Approval Period. Upon approving or conditionally approving a preliminary plat, the Council shall provide the subdivider with a dated and signed statement of approval. This approval shall be in force for not more than three calendar years or less than one calendar year. At the end of this period the Council may, at the request of the subdivider, extend its approval for no more than one calendar year, except that the Council may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City and the subdivider.

  10. Additional Conditions After Approval. After the preliminary plat is approved, the Council may not impose any additional conditions as a prerequisite to final plat approval, providing said approval is obtained within the original or extended approval period as provided in these Regulations.

  11. Final Plat Required. After the conditions of preliminary approval and the requirements for the installation of improvements have been satisfied, the subdivider shall cause to be prepared a final plat.

    1. The final plat shall conform to the Uniform Standards for Final Subdivision Plats.

    2. All certificates, with the exception of Council and Clerk and Recorder, shall be complied with, signed and notorized. This shall include the Treasurer’s Certification that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.

    3. Plans and data shall be prepared under the supervision of a registered surveyor as licensing laws allow.

    4. One signed cloth-backed copy, one signed reproducible copy on a stable base polyester film or equivalent, one digital copy of the survey on 3-1/2” DS/DD disk, and six copies shall be submitted.

    5. The horizontal scale shall not be less than 200 feet (200’) to the inch, and the lengths of all lines shall be shown to at least tenths of a foot and all angles and bearings to at least the nearest minute.

  12. Final Plat Review.

    1. Review of Abstract and Covenants: The certificate of a licensed title abstractor a copy of the covenants, and the conditions of preliminary approval shall be submitted to the City Attorney's office at least 30 days prior to scheduling a hearing for final plat approval.

    2. Final Plat Submittal: The final plat and all supplementary documents shall be submitted to the Planning Department at least 30 days prior to the expiration of preliminary plat approval or any extension there to, and no less than 10 days prior to the date of the final plat shall be presented to the Council for approval. The submittal shall include; an application for final review, the appropriate fee, and all required information, and a written explanation of how each of the conditions of preliminary plat approval has been satisfied.

    3. Review by the Planning Department: The Planning Department shall then review the final plat to ascertain that all other conditions and requirements for final approval have been met.

  13. Final Plat Approval.

    1. Approval by the Council: The Council shall examine every final plat and within 30 days of the date of submission to the Planning Department shall approve it if it conforms to the conditions of preliminary approval and the terms of these Regulations.

      1. If the final plat is approved, the Council shall so certify in a printed certificate on the plat.

      2. If the final plat is disapproved, the Council shall write the subdivider a letter stating the reasons therefore.

    2. Filing: The subdivider shall file the approved, signed final plat and all other required certificates and documents with the Clerk and Recorder within 60 days of the date of final approval.