Montana Code 76-4-127. Notice of certification that adequate storm water drainage and adequate municipal facilities will be provided
76-4-127. Notice of certification that adequate storm water drainage and adequate municipal facilities will be provided. (1) To qualify for the exemption from review set out in 76-4-125(1)(d), the certifying authority shall send notice of certification to the reviewing authority that adequate storm water drainage and adequate municipal facilities will be provided for the subdivision. For a subdivision subject to Title 76, chapter 3, the certifying authority shall send notice of certification to the reviewing authority prior to final plat approval.
Terms Used In Montana Code 76-4-127
- Adequate municipal facilities: means municipally, publicly, or privately owned facilities that supply water, treat sewage, or dispose of solid waste for all or most properties within the boundaries of a municipality and that are operating in compliance with Title 75, chapters 5 and 6, including development plans approved by the department pursuant to 75-6-130. See Montana Code 76-4-102
- Certifying authority: means a municipality or a county water and/or sewer district that meets the eligibility requirements established by the department under 76-4-104(7). See Montana Code 76-4-102
- Facilities: means public or private facilities for the supply of water or disposal of sewage or solid waste and any pipes, conduits, or other stationary method by which water, sewage, or solid wastes might be transported or distributed. See Montana Code 76-4-102
- Reviewing authority: means the department or a local department or board of health certified to conduct a review under 76-4-104. See Montana Code 76-4-102
- Sewage: has the meaning provided in 75-5-103. See Montana Code 76-4-102
- Solid waste: has the meaning provided in 75-10-103. See Montana Code 76-4-102
- Subdivision: means a division of land or land so divided that creates one or more parcels containing less than 20 acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and includes any resubdivision, any condominium, townhome, or townhouse, or any parcel, regardless of size, that provides two or more permanent spaces for recreational camping vehicles or mobile homes. See Montana Code 76-4-102
(2)The notice of certification must include the following:
(a)the name and address of the applicant;
(b)a copy of the preliminary plat included with the application for the proposed subdivision or a final plat when a preliminary plat is not necessary or, for a subdivision not subject to Title 76, chapter 3, a copy of the certificate of survey map or amended plat map or a declaration and floor plan, including the layout of each unit proposed to be recorded under Title 70, chapter 23, part 3;
(c)the number of parcels in the subdivision;
(d)a copy of any applicable zoning ordinances in effect;
(e)how construction of the sewage disposal and water supply systems or extensions will be financed;
(f)the relative location of the subdivision to the city or the county water and/or sewer district boundaries of the certifying authority;
(g)certification that adequate municipal or county water and/or sewer district facilities for the supply of water and disposal of sewage and solid waste will be provided. Facilities for subdivisions subject to 76-3-507 must be provided within the time that section provides.
(h)if water supply, sewage disposal, solid waste, or storm water drainage facilities are not municipally owned, certification from the facility owners that adequate facilities will be available; and
(i)certification that the certifying authority has or will review and approve plans to ensure adequate storm water drainage.
(3)A municipality may be authorized to act as a reviewing authority under this section and may self-approve the municipality’s own exemption.