[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]
A.
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.
B.
Although
not required, the developer is encouraged to discuss the subdivision
proposal with the Commission prior to the formal submission of the
sketch plan.
C.
The
sketch plan shall be reviewed by the Commission for the following
criteria:
D.
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]
A.
The
preliminary plat shall be in substantial conformance with the approved
sketch plan.
B.
The
preliminary plat, all informational materials and procedures shall
be in compliance with the applicable provisions of this Chapter.
C.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
A.
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.
B.
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:
1.
Make a finding that the conditions on which the preliminary plat
was approved have not substantially changed, or
2.
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]
A.
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.
B.
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.
C.
After
approval of the final plat by the Commission, it shall be submitted
to the Board of Aldermen for approval.
D.
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]
A.
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.
