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(2)(d), the governing body, as defined in 76-3-103, shall, prior to final plat approval under the Montana Subdivision and Platting Act, send notice of certification to the reviewing authority that a subdivision has been submitted for approval and that adequate storm water drainage and adequate municipal facilities will be provided for the subdivision.
(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;
(c) the number of proposed 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) certification that the subdivision is within an area covered by a growth policy pursuant to chapter 1 of this title or within a first-class or second-class municipality, as described in 7-1-4111, and a copy of the growth policy, when applicable, if one has not yet been submitted to the reviewing authority;
(g) the relative location of the subdivision to the city or town;
(h) certification that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within the time provided in 76-3-507;
(i) if water supply, sewage disposal, or solid waste facilities are not municipally owned, certification from the facility owners that adequate facilities are available; and
(j) certification that the governing body has reviewed and approved plans to ensure adequate storm water drainage.
(1) To qualify for the exemption from review set out in 76-4-125(2)(d), 76-4-125(1)(d), the governing body, as defined in 76-3-103, shall, prior certifying authority shall send notice of certification to final plat approval under the Montana Subdivision and reviewing Platting Act, send notice of certification to the reviewing authority that a subdivision has been submitted for approval and adequate that adequate storm storm water drainage and adequate municipal facilities will be provided for the subdivision. For a subdivision subject to Title 76, chapter 3 or 25, the certifying authority shall send notice of certification to the reviewing authority prior to final plat approval.
(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; necessary or, for a subdivision not subject to Title 76, chapter 3 or 25, 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 proposed 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) certification that the relative location of the subdivision is within an area covered by a growth policy pursuant to chapter 1 of this title the city or within a first-class or second-class municipality, as described in 7-1-4111, and a copy of the county water and/or sewer district boundaries of the growth policy, when applicable, if one has not yet been submitted to the reviewing certifying authority;
(g) the relative location of the subdivision to the city certification that adequate municipal or town; 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 or 76-25-413 must be provided within the time required by the governing body under 76-3-507 or 76-25-413, as applicable.
(h) certification that adequate municipal facilities for the supply of if water and disposal of supply, sewage and disposal, solid waste waste, are or available or will be provided within the time provided in 76-3-507; storm water drainage facilities are not municipally owned, certification from the
(i) if water supply, sewage disposal, or certification solid waste facilities are not municipally owned, certification from the that facility owners that adequate facilities are available; the certifying authority has or will review and approve plans to ensure
(j) certification that the governing body has reviewed and approved 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.
Notice of certification that adequate storm water drainage and adequate municipal facilities will be provided
| EnactedEn. SectionSec. 150, ChapterCh. 197, Laws ofL. 1967 |
| AmendedAmd. SectionSec. 4, ChapterCh. 509, Laws ofL. 1973 |
| AmendedAmd. SectionSec. 2, ChapterCh. 529, Laws ofL. 1975 |
| AmendedAmd. SectionSec. 12, ChapterCh. 140, Laws ofL. 1977 |
| AmendedAmd. SectionSec. 1, ChapterCh. 554, Laws ofL. 1977 |
| Revised Codes of MontanaR.C.M. 1947, 69-5003(part) |
| AmendedAmd. SectionSec. 14, ChapterCh. 490, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 8, ChapterCh. 592, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 32, ChapterCh. 582, Laws ofL. 1999 (SB 97 - Stang, Spook (D) SD 36) |
| AmendedAmd. SectionSec. 11, ChapterCh. 280, Laws ofL. 2001 (SB 167 - Stonington, Emily (D) SD 15) |
| AmendedAmd. SectionSec. 14, ChapterCh. 599, Laws ofL. 2003 (SB 326 - McGee, Dan (R) SD 11) |
| AmendedAmd. Secs. 1, 2, ChapterCh. 433, Laws ofL. 2005 (HB 230 - Jacobson, Hal (D) HD 82) |