The governing body or its designated agent(s) or affected agencies
identified during the pre-application meeting may investigate, examine,
and evaluate the site of the proposed subdivision to verify information
provided by the subdivider and to subsequently monitor compliance
with any conditions if the preliminary plat is approved conditionally.
The submission of a subdivision application constitutes a grant of
permission by the subdivider for the governing body, its agents and
affected agencies to enter the subject property. This consent applies
to members of the public attending a noticed public meeting for a
site visit.
(Ord. 1707, 12-19-2011)
Prior to submittal of a subdivision application, the subdivider
shall request a pre-application meeting with the Kalispell Planning
Department.
A.
The
pre-application meeting shall follow the format provided for on the
pre-application worksheet. A copy of the worksheet can be obtained
from the Planning Department.
B.
The
meeting shall occur within 30 calendar days after the subdivider submits
a written request for the meeting to the Kalispell Planning Department.
C.
At the
pre-application meeting the planning staff shall:
1.
Identify,
for informational purposes, the State laws, local regulations and
growth policy provisions that may apply to the subdivision review
process;
2.
Provide
the subdivider or the subdivider's agent with a list of public
utilities, local, State and Federal agencies, and any other entities
that may be contacted for comment on the subdivision application and
the timeframes that the public utilities, agencies, and other entities
are given to respond.
If, during review of the application, the planning staff or
the Planning Board contacts a public utility, agency, or other entity
that was not included on the original list, the planning staff shall
notify the subdivider or subdivider's agent of the contact and
the timeframe for response; and
3.
Identify particular additional information the planning staff anticipates will be required for review of the subdivision application pursuant to Section 28.02.04. This does not limit the ability of the planning staff to request additional information at a later time;
4.
Determine
if an environmental assessment as provided for in Appendix B is required
or if parts or all of the assessment are to be waived.
Minor subdivisions and subdivisions proposing less than 30 residential
dwelling units are to be considered for waiver unless environmental
issues, advisory agency or neighborhood concerns require a portion
or all of an environmental assessment to be completed for the project.
(Ord. 1707, 12-19-2011)
The subdivision application and review process is comprised
of the following two phases in accordance to Title 76, Chapter 3,
M.C.A.:
(Ord. 1707, 12-19-2011)
For both major and minor subdivisions the review process is
as follows:
A.
Element Review: Within five working days of receipt of a subdivision application, the Planning Department shall determine whether the application contains all of the materials required by Section 28.02.02, Pre-Application Conference, and by Appendix A (Preliminary Plat), or Appendix B (Environmental Assessment), of these regulations, as applicable, and shall notify the subdivider, or the subdivider's agent if authorized by the subdivider in writing to receive such notification, of the Planning Department's determination.
1.
If
the Planning Department determines that elements are missing from
the application, the Planning Department shall identify those elements
in the notification and no further action shall be taken on the application
until the missing elements are submitted.
2.
The
subdivider may correct the deficiencies and resubmit the application.
3.
If the subdivider corrects the deficiencies and resubmits the application, the Planning Department shall have five working days to notify the subdivider or the subdivider's agent whether the application contains all the materials required by Section 28.02.02 and by Appendix A or Appendix B of these regulations, as applicable.
B.
Sufficiency Review: Within 15 working days after the Planning Department notifies the subdivider or the subdivider's agent that the application contains all of the required elements as provided in subsection A, the Planning Department shall determine whether the required elements contain detailed, supporting information that is sufficient to allow for the review of the proposed subdivision under these regulations and shall give written notification to the subdivider of the subdivision of the Planning Department's determination.
1.
If
the Planning Department determines that the information in the application
is not sufficient to allow for review of the proposed subdivision,
the Planning Department shall identify the insufficient information
in its notification and no further action shall be taken on the application
until the material is resubmitted.
2.
The
subdivider may correct the deficiencies and resubmit the application
or withdraw the application.
3.
If
the subdivider corrects the deficiencies and resubmits the application,
the Planning Department shall have 15 working days to notify the subdivider
or the subdivider's agent whether the resubmitted application
and required elements contain detailed, supporting information that
is sufficient to allow for review of the proposed subdivision under
these regulations.
4.
This
process shall be repeated until the subdivider submits an application
that contains detailed, supporting information that is sufficient
for review of the proposed subdivision under the provisions of these
regulations, or the application is withdrawn.
C.
A determination
that an application contains sufficient information for review as
provided in this subsection does not ensure that the proposed subdivision
will be approved or conditionally approved by the governing body and
does not limit the ability of the Planning Department, Planning Board
or City Council to request additional information during the review
process.
D.
Once
the Planning Department has determined that the application is sufficient,
the Planning Department shall schedule a public hearing and publish
notice of the time and place of the hearing.
E.
The
review period of 60 working days or 80 working days if the proposed
subdivision contains 50 or more lots begins once the Planning Department
has given notice of sufficiency to the subdivider or the subdivider's
agent. Notification constitutes the date when the reviewing agent
or agency has sent the notice to the subdivider.
F.
Within
60 working days or 80 working days if the proposed subdivision contains
50 or more lots the governing body shall approve, conditionally approve
or deny the proposed subdivision according to Section 28.02.06.D of
these regulations, unless the subdivider and the subdivision administrator
agree to an extension or suspension of the review period.
G.
Subdivision
review and approval, conditional approval or denial shall be based
on those regulations in effect at the time a subdivision application
and preliminary plat is deemed to contain sufficient information for
review. If regulations change during the element or sufficiency review,
the determination of whether the application contains the required
elements and sufficient information, and the subdivision review, shall
be based on the new regulations.
(Ord. 1707, 12-19-2011)
Subdivisions are grouped into three categories for review purposes.
Each category is described and referenced below:
A.
Major Subdivision: 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 July 1, 1973. See Section 28.02.06.
(Ord. 1707, 12-19-2011)
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 land.
A.
Application:
Complete applications must be received at least 30 days prior to the
Planning Board meeting at which the plat will be presented. The subdivider
shall submit the following to the Kalispell Planning Department:
1.
Preliminary
plat application (form available at Kalispell Planning Department).
2.
Copies
of the preliminary plat and one reproducible set of supplemental information
(See Appendix A).
3.
Application
fee as established by the Kalispell City Council.
4.
One
reduced copy of the preliminary plat not to exceed 11 inches by 17
inches in size suitable for photocopier use.
5.
Additional
information requested during the pre-application process.
B.
Action by the Planning Staff: Upon receipt of the submitted documents, the Kalispell Planning Department shall review them to determine their completeness pursuant to Section 28.02.02. 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 pursuant to this section. Upon receipt of the complete application, the Kalispell Planning Department shall:
1.
Distribute
copies of the submitted application for review and comment to the
appropriate departments, agencies and utility companies, as deemed
necessary by the Planning Department;
2.
Set
a date for public hearing by the Kalispell City Planning Board. Applications
must be received at least 30 days prior to the Planning Board meeting
at which the plat will be presented. The notice of such 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, 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 be notified of the hearing by registered or certified mail not
less than 15 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 concerning the public interest and recommendations;
4.
Submit
the application, staff report and associated agency and public comments
to the Planning Board members and 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, Kalispell Planning Department staff report, comments
from other departments and other 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:
4.
Based
on the above findings, make a recommendation to the Kalispell 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.
Within
10 working days after the public hearing, the Planning Board shall
submit the following in writing to the subdivider and the governing
body:
a.
Recommended findings of fact based on the evidence in subsection
C.3 that discuss and consider the subdivision's compliance with
and impact on subsections C.3.a through f of these regulations,
b.
A recommendation for approval, conditional approval (including any
recommended conditions and/or mitigation measures), or denial of the
subdivision application and preliminary plat,
d.
A finding as to whether any public comments or documents presented
for consideration at the Planning Board's public hearing constitute
information or analysis of information that the public has not had
a reasonable opportunity to examine and on which the public has not
had a reasonable opportunity to comment.
D.
Action
by the City Council: Upon receipt of the Planning Board recommendation,
the City Council shall:
1.
Review
the application, Planning Board recommendation, staff 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:
2.
Based
on the above findings, the Council shall then approve, conditionally
approve, or deny the preliminary plat within 60 working days or 80
working days if the proposed subdivision contains 50 or more lots
of the Planning Department's notice of sufficiency to the subdivider
or the subdivider's agent, unless the subdivider consents to
an extension of the review period. A subdivision shall not be denied
based solely on its impacts on educational services.
3.
All
comments and documents regarding the subdivision shall be submitted
to the subdivision administrator, rather than to the City Council
directly, to be forwarded to the City Council.
4.
If
new information or analysis of information, that has never been submitted
as evidence or considered by the Planning Board, has been submitted
to the City Council, the Council shall proceed as set forth in subsection
D.4.a.
a.
If the City Council determines that public comments or documents
presented at the public hearing constitute new information or an analysis
of information regarding the subdivision application that the public
has not had a reasonable opportunity to examine and on which the public
has not had a reasonable opportunity to comment, the City Council
shall determine whether the public comments or documents are relevant
and credible with regard to the governing body's decision, pursuant
to subsections D.4.c and d;
b.
If the City Council determines the information or analysis of information
is either not relevant or not credible, then the City Council shall
approve, conditionally approve, or deny the proposed subdivision without
basing its decision on the new information or analysis of information;
or
c.
If the City Council determines the new information or analysis of
information is relevant and credible, then the City Council shall
direct the Planning Board to schedule a subsequent public hearing;
d.
The Planning Board shall consider only the new information or analysis
of information that may have an impact on the findings and conclusions
that the City Council will rely upon in making its decision on the
proposed subdivision.
5.
New
information or analysis of information is considered to be relevant
if it may have an impact on the findings and conclusions that the
City Council will rely upon in making its decision on the proposed
subdivision.
7.
If
a subsequent public hearing is held pursuant to subsection D.4.c,
it must be held within 45 days of the City Council's determination
request of a subsequent hearing. Only the new information or analysis
of information shall be considered at the subsequent public hearing.
a.
Notice of the time, date and location of the subsequent hearing shall
be given by publication in a newspaper of general circulation in the
county not less than 15 days prior to the date of the subsequent hearing.
b.
At least 15 days prior to the date of the subsequent hearing, notice
of the subsequent hearing shall be given by certified mail to the
subdivider and each adjoining landowner to the land included in the
preliminary plat.
c.
The notice shall be posted at a conspicuous place on the site of
the proposed subdivision.
|
If a subsequent public hearing is held, the review periods per
Section 28.02.04.B will be suspended as of the date of the City Council's
decision to schedule a subsequent hearing. The 60 working-day or 80
working-day review period resumes on the date of the City Council's
next scheduled public meeting for which proper notice for the public
meeting on the subdivision application can be provided.
|
E.
City
Council 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 the Kalispell Planning Department
and the third signed copy of the preliminary plat shall be retained
in the file in the City Manager's office.
2.
A
positive recommendation may incorporate reasonable conditions of mitigation
to reasonably minimize potentially significant adverse impacts identified
above.
3.
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 Section 28.07.06 of these regulations shall also be provided in writing to the subdivider.
4.
When
requiring conditions of mitigation, the Council shall consult with
the subdivider and shall give due weight and consideration to the
expressed preference of the subdivider.
5.
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.
6.
The
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.
7.
A
preliminary plat shall be in force for three years.
a.
A preliminary plat or a phase of a phased preliminary plat approval
may be extended by the Council for an additional two year period as
follows:
b.
If a final plat has not been filed at the end of the additional two
year period, the owner may appeal to the City Council for one final
extension not to exceed two years as follows:
i.
The owner shall submit a written request for a preliminary plat extension
plan to the Planning Department 60 days prior to expiration of the
last extension. The request shall document:
(A)
The existence of an unusual hardship;
(B)
That a significant public good would be accomplished through
the extension as opposed to a specific economic hardship related to
the owner;
(C)
That there are no changes to the immediately abutting properties
that would be adversely affected by the approval process; and
(D)
Because of the lapsed time since original approval, that the
preliminary plat is not in conflict with recently changed policies
or regulatory schemes adopted by the City that would be undermined
by the further time extension.
8.
After
the preliminary plat is approved, the City Council may not impose
any additional conditions as prerequisite to final plat approval providing
said approval is obtained within the original or extended approval
period as provided in subsection E.7.
9.
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 an approval or conditional 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 28.02.09).
10.
The governing body may withdraw approval or conditional approval
of an application and preliminary plat if it determines that information
provided by the subdivider, and upon which the approval or conditional
approval was based, is inaccurate.
Note: If preliminary plat is approved, proceed to Section 28.02.09, Final Plat Process.
F.
City Council Denial: If the City Council denies the preliminary plat it shall forward one copy of the plat to the subdivider accompanied by a letter from the City Manager stating the reason for disapproval, evidence justifying the denial and information regarding the appeal process provided for in Section Section 28.07.06 of these regulations. A subdivision shall not be denied based solely on its impact on educational services.
(Ord. 1707, 12-19-2011)
A subdivision containing five or fewer lots/spaces/units where
all lots/spaces/units have proper access, and this plat and all previous
minor plats from this tract of land do not exceed a total of five
lots/spaces/units shall be considered a minor subdivision.
A.
Application:
The subdivider shall submit the following to the Kalispell Planning
Department:
1.
Preliminary
plat application form available at Kalispell Planning Department;
2.
Copies
of the preliminary plat and one reproducible set of supplemental information
as provided for in Appendix A;
3.
Application
fee as established by the Kalispell City Council;
4.
One
reduced copy of the preliminary plat not to exceed 11 inches by 17
inches in size suitable for photocopier use;
5.
Additional
information requested during the pre-application process;
6.
Sufficient
documentary evidence from the public records demonstrating that the
subdivision will be the first minor subdivision from a tract of record.
B.
Action by Planning Staff: Upon receipt of the submitted documents, the Kalispell Planning Department shall review them to determine their completeness pursuant to Section 28.02.04. 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 pursuant to Section 28.02.04. Upon receipt of the complete application, the Kalispell Planning Department shall:
1.
Distribute
copies of the submitted application for review and comment to the
appropriate departments, agencies and utilities companies, as deemed
necessary by the Planning Department;
2.
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,
written findings of fact concerning the public interest and a recommendation;
3.
Submit
the application, staff report and associated agency and public comments
to the City Council and to the subdivider at least five days prior
to the meeting;
4.
Present
the application and staff report at the City Council meeting.
C.
Action
by City Council:
1.
The
Kalispell City Council shall review the application, 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:
2.
Based
on the above findings, the Kalispell City Council shall then approve,
conditionally approve or deny the preliminary plat application within
35 working days from the date a completed application was filed with
the Kalispell Planning Department unless the subdivider consents to
an extension of the review period in writing.
3.
All
comments and documents regarding the subdivision shall be submitted
to the subdivision administrator, rather than to the City Council
directly, to be forwarded to the City Council.
4.
If
new information or analysis of information, that has never been submitted
as evidence or considered by the Planning Board, has been submitted
to the City Council, the Council shall proceed as set forth in subsection
4.a.
a.
If the City Council determines that public comments or documents
presented at the public hearing constitute new information or an analysis
of information regarding the subdivision application that the public
has not had a reasonable opportunity to examine and on which the public
has not had a reasonable opportunity to comment, the City Council
shall determine whether the public comments or documents are relevant
and credible with regard to the governing body's decision, pursuant
to subsections 4.c and d;
b.
If the City Council determines the information or analysis of information
is either not relevant or not credible, then the City Council shall
approve, conditionally approve, or deny the proposed subdivision without
basing its decision on the new information or analysis of information;
or
c.
If the City Council determines the new information or analysis of
information is relevant and credible, then the City Council shall
direct the Planning Board to schedule a subsequent public hearing;
d.
The Planning Board shall consider only the new information or analysis
of information that may have an impact on the findings and conclusions
that the City Council will rely upon in making its decision on the
proposed subdivision.
5.
New
information or analysis of information is considered to be relevant
if it may have an impact on the findings and conclusions that the
City Council will rely upon in making its decision on the proposed
subdivision.
7.
If
a subsequent public hearing is held pursuant to subsection C.4.c above,
it must be held within 45 days of the City Council's determination
request of a subsequent hearing. Only the new information or analysis
of information shall be considered at the subsequent public hearing.
a.
Notice of the time, date and location of the subsequent hearing shall
be given by publication in a newspaper of general circulation in the
county not less than 15 days prior to the date of the subsequent hearing.
b.
At least 15 days prior to the date of the subsequent hearing, notice
of the subsequent hearing shall be given by certified mail to the
subdivider and each adjoining landowner to the land included in the
preliminary plat.
c.
The notice shall be posted at a conspicuous place on the site of
the proposed subdivision.
|
If a subsequent public hearing is held, the 35 working-day review
period is suspended as of the date of the City Council's decision
to schedule a subsequent hearing. The 35 working-day review period
resumes on the date of the City Council's next scheduled public
meeting for which proper notice for the public meeting on the subdivision
application can be provided.
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D.
City
Council 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 the Kalispell Planning Department,
and the third signed copy of the preliminary plat shall be retained
by the City;
2.
A
positive recommendation may incorporate reasonable conditions of mitigation
to reasonably minimize potentially significant adverse impacts identified
above;
3.
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 Section 28.07.06 of these regulations shall also be provided in writing to the subdivider;
4.
When
requiring conditions of mitigation, the Council shall consult with
the subdivider and shall give due weight and consideration to the
expressed preference of the subdivider;
5.
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.
6.
The
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.
7.
A
preliminary plat shall be in force for three years.
a.
A preliminary plat or a phase of a phased preliminary plat approval
may be extended by the Council for an additional two year period as
follows:
b.
If a final plat has not been filed at the end of the additional two
year period, the owner may appeal to the City Council for one final
extension not to exceed two years as follows:
i.
The owner shall submit a written request for a preliminary plat extension
plan to the Planning Department 60 days prior to expiration of the
last extension. The request shall document:
(A)
The existence of an unusual hardship;
(B)
That a significant public good would be accomplished through
the extension as opposed to a specific economic hardship related to
the owner;
(C)
That there are no changes to the immediately abutting properties
that would be adversely affected by the approval process; and
(D)
Because of the lapsed time since original approval, that the
preliminary plat is not in conflict with recently changed policies
or regulatory schemes adopted by the City that would be undermined
by the further time extension.
8.
After
the preliminary plat is approved, the City Council may not impose
any additional conditions as prerequisite to final plat approval providing
said approval is obtained within the original or extended approval
period as provided in subsection D.7;
9.
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 an approval or conditional approval is granted by the City Council. Construction may be commenced upon approval of the preliminary plat subject to any required conditions of approvals. Upon approval or conditional 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 28.02.09.
10.
The governing body may withdraw approval or conditional approval
of an application and preliminary plat if it determines that information
provided by the subdivider, and upon which the approval or conditional
approval was based, is inaccurate.
Note: If preliminary plat is approved, proceed to Section 28.02.09, Final Plat Process.
E.
City Council Denial: If the City Council denies the preliminary plat, it shall forward one copy of the plat to the subdivider accompanied by a letter from the City Manager stating the reason for disapproval, evidence justifying the denial, and information regarding the appeal process provided for in Section 28.07.06 of the regulations. A subdivision shall not be denied based solely on its impact on educational services.
(Ord. 1707, 12-19-2011)
A.
Based
on information and discussion at the pre-application conference, the
requirement for a preliminary plat may be waived by the Planning Director.
The subdivider must request the waiver in writing and the Planning
Director must determine:
1.
The
plat contains five or fewer lots;
2.
There
is no public dedication of streets or public or private parkland;
3.
All
lots have legal and physical access conforming to these regulations;
4.
Each
lot has a suitable building site and there are no environmental hazards
present;
5.
Municipal
sewer and water are adequate and in place;
6.
The
subdivision complies with these regulations and current zoning regulations;
7.
No
significant effects are anticipated on agriculture and agricultural
water user facilities, local services, the natural environment, wildlife
and wildlife habitat and the public health and safety.
(Ord. 1707, 12-19-2011)
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
of 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 freestanding, 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.
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 the Kalispell Planning Department a phasing plan complying
with subsections B.1 and 2 and Appendix A, Preliminary Plat—II.D,
Phased Projects. Said phasing plan shall be approved by the Kalispell
Planning Department (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 the 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 or conditionally 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 of Montana;
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 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.
Building
Permits: No building permits shall be issued on a property with an
approved preliminary plat until the final plat is approved and recorded
or the preliminary plat is withdrawn.
E.
Final
Engineering Plan Approvals:
1.
Prior
to submitting a final plat application, engineering plans for all
public infrastructure and utilities shall be submitted to the City
for approval in accordance with the conditions of the approved preliminary
plat.
2.
The
subdivider shall utilize the R/W and utility application form found
in Appendix C in submitting the required documents for review to the
Kalispell Planning Department.
3.
The
R/W and utility plans application must be approved prior to the start
of construction of any improvements in conjunction with the subdivision
unless written approval has been granted by the Planning Department
to allow specific work.
4.
Review
of R/W and Utility Plans Application:
a.
Once the required numbers of engineering plans have been submitted
and the fees paid, the Planning Department shall distribute the plans
to the appropriate City departments for their review, comments and
approval.
c.
Approval of comment letters from the reviewing City departments shall
be submitted to the Planning Department within the 30 day review period.
d.
The Planning Department will then forward the approval or comment
letters to the subdivider and when appropriate to the design engineer.
e.
If revisions to submitted plans are required, the subdivider or applicant's
engineer shall revise the plans as necessary to address all the comments
received on the plans.
f.
Once revisions are completed by the applicant, the revised plans
shall be resubmitted to the Planning Department.
5.
Plan
Approval: The Planning Department shall notify the subdivider and
the engineer of plan approval in writing once all departments have
approved the plans and the plans meet all the subdivision's
conditions of approval.
6.
The
applicant may proceed with the final plat application once the necessary
infrastructure is installed.
F.
Final
Plat Application:
1.
After
receiving the preliminary plat approval or conditional 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 Council prior to the filing of
the final plat guaranteeing the installation of remaining improvements
(See Appendix F, Subdivision Improvement Agreement);
2.
A
complete application for final plat approval shall be submitted to
the Kalispell Planning Department at least 60 days prior to the expiration
date of the preliminary plat. (Because of processing time, complete
final plat applications submitted less than 60 days prior to expiration
face the possibility of expiring prior to City Council review and
final action.) The submittal shall include the following:
a.
Written application form provided by Kalispell Planning Department;
b.
Application review fee as set by the Kalispell City Council;
c.
One opaque and one mylar copy, or two mylar copies; four blueline
copies; one eleven (11) inch by 17 inch reduced copy, a digital copy
of the final plat and three blueprint copies and of the final plat
prepared in accordance with Appendix D;
d.
All attachments to the final plat as specified in Appendix D;
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 F securing the
future construction of public improvements to be installed.
G.
Action
by the Planning Office:
1.
The
Kalispell Planning Department shall review the submitted plat and
documents with regards to:
2.
If
the Kalispell Planning Department determines that the submitted final
plat and attachments are complete and in substantial compliance with
subsections 1.a through d, it will review and make its recommendation
to the City Council.
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 Kalispell Planning Department report to the City Council.
b.
Changes which either the Planning Director or the City Council determines 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 Section 28.02.06 or 28.02.07. Substantial changes would include:
i.
Moving ingress-egress points;
ii.
Re-arranging five or more lots;
iii.
Increasing the number of lots;
iv.
Significant relocation of buildings, parking facilities or common
areas;
v.
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.
H.
Action
by the City Council:
1.
The
City Council shall approve the final plat if:
2.
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.
3.
The
City Council may withdraw approval of a plat if it determines that
information provided by the subdivider, and upon which such approval
was based, is inaccurate.
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
30 days after receiving the Kalispell Planning Department 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 the Kalispell Planning Department of its
approval or denial of the final plat.
I.
Final
Plat Filing: The subdivider shall have 30 days from the date of the
approval of the final plat to file the approved final plat and documents
as described in Appendix D with the County Clerk and Recorder.
(Ord. 1707, 12-19-2011)
A.
Correcting
Filed Final Plats: Correction of drafting or surveying errors that
in the City Council's opinion will not materially alter the
plat, its land division, or the improvements to less than the standards
contained herein, may be made by the submission of a corrected final
plat for the City Council's approval. The plat shall be entitled
"Corrected Plat of the (name of subdivision) Subdivision"
and the reason for the correction shall be stated on the face of the
plat.
B.
Amending
Filed Final Plats:
1.
Changes
that materially alter the final plat or any portion thereof or its
land divisions or improvements shall be made by the filing of an amended
plat showing all alterations. Within a platted subdivision, any division
of lots which result in an increase in the number of lots, or which
redesigns or rearranges six or more lots, must be reviewed and approved
by the City Council and an amended plat must be filed with the County
Clerk and Recorder.
3.
The final amended plat submitted for approval shall comply with the final plat requirements of Section 28.02.08 and Appendix D with the exception that the title shall include the word "Amended" ("Amended Plat of the [name] Subdivision" or "[Name] Subdivision, Amended").
4.
The
relocation of common boundaries and the aggregation of lots within
platted subdivision where five or fewer of the original lots are affected
are exempt from approval procedures as a subdivision. In such case,
an amended plat shall be prepared following the requirements of Appendix
D, except that in place of the City Council's approval, the
landowner certifies that the approval of the City Council is not required
pursuant to Section 76-3-207(1), M.C.A., as amended.
(Ord. 1707, 12-19-2011)
A.
Subdivisions
created by lease or rent, such as manufactured home and recreational
vehicle parks, are exempt from the surveying and filing requirements
of the Montana Subdivision and Platting Act, but must be submitted
for review and approved by the Kalispell City Council before portions
thereof may be leased or rented.
(Ord. 1707, 12-19-2011)
