Montana Code 76-3-507. Provision for security requirements to ensure construction of public improvements
76-3-507. Provision for security requirements to ensure construction of public improvements. (1) Except as provided in subsections (2) and (4), the governing body shall require the subdivider to complete required improvements within the proposed subdivision prior to the approval of the final plat.
Terms Used In Montana Code 76-3-507
- 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 76-3-103
- Governing body: means a board of county commissioners or the governing authority of a city or town organized pursuant to law. See Montana Code 76-3-103
- 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 76-3-103
- Subdivider: means a person who causes land to be subdivided or who proposes a subdivision of land. See Montana Code 76-3-103
- 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 76-3-103
(2)(a) In lieu of the completion of the construction of any public improvements prior to the approval of a final plat, the governing body shall at the subdivider’s option allow the subdivider to provide or cause to be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the governing body, providing for and securing the construction and installation of the improvements within a period specified by the governing body and expressed in the bonds or other security. The governing body shall reduce bond or security requirements commensurate with the completion of improvements.
(b)In lieu of requiring a bond or other means of security for the construction or installation of all the required public improvements under subsection (2)(a), the governing body may approve an incremental payment or guarantee plan. The improvements in a prior increment must be completed or the payment or guarantee of payment for the costs of the improvements incurred in a prior increment must be satisfied before development of future increments.
(3)Approval by the governing body of a final plat prior to the completion of required improvements and without the provision of the security required under subsection (2) is not an act of a legislative body for the purposes of 2-9-111.
(4)The governing body may require a percentage of improvements or specific types of improvements necessary to protect public health and safety to be completed before allowing bonding or other reasonable security under subsection (2)(a) for purposes of filing a final plat. The requirement is applicable to approved preliminary plats.
(5)If capacity for the subdivision was approved under a development plan as provided for in 75-6-130, the governing body shall require the subdivider to complete the water and sewer improvements within and to the proposed subdivision prior to the approval of the final plat. The subdivider shall provide a letter from the department that states that certification and as-builts for the subdivision have been received and that the municipality is in compliance with the applicable development plan.