[Ord. No. 777 §26-29, 3-23-1994]
All subdivision of land not otherwise classified as a minor subdivision nor in conformity with the requirements for minor subdivision approval shall be subject to the requirements and procedures of this Article.
[Ord. No. 777 §26-30, 3-23-1994]
In order to minimize development planning costs, avoid misunderstanding and ensure compliance with the requirements of this Chapter, the developer is required to submit to the City Clerk a sketch plan of the subdivision prior to the formal application for a preliminary plat. The sketch plan shall be submitted no less than fifteen (15) working days prior to the next scheduled Commission meeting. The sketch plan is conceptual in nature and does not require detailed finished plans. However, the sketch plan should contain sufficient information to determine general compliance with the regulations.
Although not required, the developer is encouraged to discuss the subdivision proposal with the Commission prior to the formal submission of the sketch plan.
The sketch plan shall be reviewed by the Commission for the following criteria:
The Commission shall either approve the sketch plan, recommend changes or disapprove the sketch plan within thirty (30) working days of the meeting at which the sketch plan is considered. The developer shall be notified in writing of the Commission's action and the reasons for recommended changes or disapproval. Approval of the sketch plan authorizes the developer to proceed to the preliminary plat stage. If the Commission takes no action on the sketch plan within the thirty (30) days stipulated, the sketch plan shall be deemed to be approved.
[Ord. No. 777 §26-31, 3-23-1994]
The preliminary plat shall be in substantial conformance with the approved sketch plan.
The preliminary plat, all informational materials and procedures shall be in compliance with the applicable provisions of this Chapter.
The application for a preliminary plat and all information materials shall be submitted to the City Clerk no less than fifteen (15) working days prior to the Commission meeting.
[Ord. No. 777 §26-32, 3-23-1994]
The Commission will review the preliminary plat and informational materials to determine if the plat meets the standards set forth in these regulations. The developer may be required to submit plans to other State or local bodies for review if determined necessary by the Commission, the Board or the City Engineer.
The Commission will either approve, approve with modifications or disapprove the preliminary plat within sixty (60) working days after the meeting at which the plat was considered. The Commission will notify the applicant or his/her agent within ten (10) days in writing of the action taken by the Commission, specifying what changes or additions, if any, will be required prior to review of the final plat. If no action is taken by the Commission within the sixty (60) day time period, the preliminary plat shall be deemed to be approved by the Commission. The sixty (60) day period for Commission action may be extended upon the request of the applicant.
Any changes of the preliminary plat required by the Commission as prerequisites for approval shall be noted on two (2) copies of the preliminary plat. One (1) copy shall be returned to the applicant and one (1) copy shall be retained by the Commission.
Approval of the preliminary plat by the Commission constitutes approval of the subdivision as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots and other planned features and authorizes the applicant to proceed to prepare a final plat and plans for all required improvements. Approval of the preliminary plat shall not authorize the sale of lots or the construction of buildings or public improvements, nor shall it constitute acceptance by the City of any dedicated improvements.
If the Commission disapproves the preliminary plat, the Commission shall attach to the preliminary plat a statement of the reasons for such action and return it to the applicant within ten (10) days of the action.
Actions taken by the Commission regarding the preliminary plat are final unless such action is appealed by the applicant to the Board of Aldermen within sixty (60) working days of action by the Commission.
[Ord. No. 777 §26-33, 3-23-1994]
The approval of the preliminary plat shall be effective for a period of twelve (12) months, unless an extension of time for an additional six (6) months is granted by the Commission. If the applicant fails to submit the final plat within the specified time period, the approval of the preliminary plat shall be nullified and a preliminary plat shall be resubmitted to the Commission for approval.
Requests for extension of time on submitting the final plat shall be made in writing to the Commission before the expiration date. If the Commission grants an extension of time for the submission of the final plat, the Commission shall, when considering the final plat:
Make a finding that the conditions on which the preliminary plat was approved have not substantially changed, or
Require changes in the final plat, prior to approval, that reflect any substantial changes on the subdivision site or its surroundings that have taken place since preliminary plat approval.
[Ord. No. 777 §26-34, 3-23-1994]
[Ord. No. 777 §26-35, 3-23-1994]
The Commission shall approve the final plat unless it finds that the plat or the proposed subdivision fails to comply with one (1) or more of the requirements of this Chapter or that the final plat substantially differs from the approved preliminary plat. The Commission shall have thirty (30) working days to rule on the final plat.
If the final plat is disapproved by the Commission, the applicant shall be furnished with a written statement of the reasons for the disapproval and recommended changes, if applicable.
After approval of the final plat by the Commission, it shall be submitted to the Board of Aldermen for approval.
Approval of the final plat by the Board of Aldermen is contingent upon the plat being recorded within sixty (60) days after the approval certificate is signed and sealed under the hand of the City Clerk. The sale of lots and construction of structures shall not commence until the final plat has been recorded.
[Ord. No. 777 §26-36, 3-23-1994]
The final plat for any major subdivision that has received preliminary plat approval may be submitted in sections or phases provided that:
[Ord. No. 777 §26-37, 3-23-1994]
Approval of a plat does not constitute acceptance by the City of Billings of the offer of dedication of any streets, alleys, sidewalks, parks or other public facilities shown on the plat. However, the final plat is an acceptance of dedications if the plat is approved by ordinance.