Montana Code 76-25-409. Effect of preliminary plat approval
76-25-409. Effect of preliminary plat approval. (1) (a) An approved or conditionally approved preliminary plat must be in effect for not more than 5 calendar years and not less than 1 calendar year.
Terms Used In Montana Code 76-25-409
- Final plat: means the final drawing of the subdivision and dedication required by this chapter to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and in regulations adopted pursuant to this chapter. See Montana Code 76-25-103
- governing body: means the elected body responsible for the administration of a local government. See Montana Code 76-25-103
- Local government: means a county, consolidated city-county, or an incorporated municipality to which the provisions of this chapter apply as provided in 76-25-105. See Montana Code 76-25-103
- Planning administrator: means the person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in this chapter. See Montana Code 76-25-103
- Plat: means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. See Montana Code 76-25-103
- Preliminary plat: means a neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body. See Montana Code 76-25-103
- Subdivider: means a person who causes land to be subdivided or who proposes a subdivision of land. See Montana Code 76-25-103
- Subdivision: means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. See Montana Code 76-25-103
(b)At the end of the period, the planning administrator may, at the request of the subdivider, extend the approval once by written agreement.
(c)On receipt of a request for an extension, the planning administrator shall determine whether the preliminary plat remains in substantial compliance with the zoning and subdivision regulations. If the preliminary plat is no longer in substantial compliance with the zoning or subdivision regulations, the extension may not be granted.
(d)After a preliminary plat is approved, the local government may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period.
(e)Any subsequent requests by the subdivider for extension of the approval must be reviewed and approved by the governing body.
(2)An approved or conditionally approved phased preliminary plat must be in effect for 20 calendar years.