Section 16.12.040 Preliminary plat approval.
A. The city council shall approve,
conditionally approve, or disapprove the preliminary plat
within sixty (60) days of determination of completeness, unless the subdivider consents to an
extension of the review period. If the city council disapproves or conditionally approves 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 disapproval or enumerating the conditions
which must be met to assure approval of the final plat.
B. The basis for the city council's
decision to approve, conditionally approve, or disapprove
a subdivision shall be whether the following demonstrate that development of the subdivision
would meet the requirements of the Montana Subdivision and Platting Act, these regulations, any
officially adopted comprehensive plans, and applicable zoning regulations:
1. The preliminary plat;
2. Environmental assessment;
3. Planning board recommendations;
and
4. Additional information.
C. The city council shall issue a
written findings of fact that discusses and weighs the
following criteria (pursuant to Section 76-3-608 MCA):
1. Effect on agriculture, local services,
the natural environment, wildlife and wildlife
habitat, and the public health and safety;
2. Compliance with the survey requirements
of the MSPA, and the regulations and review
procedures of these local subdivision regulations;
3. The provision of easements for
the location and installation of any necessary utilities;
4. 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.
D. The city council may withdraw approval
of a plat if it determines that information
provided by the subdivider, and upon which such decision was based, is inaccurate. (Ord. 131
(part), 1998: prior code § 16.01.020B-4)
