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.
(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;
(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, or solid waste 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.
History: En. Sec. 150, Ch. 197, L. 1967; amd. Sec. 4, Ch. 509, L. 1973; amd. Sec. 2, Ch. 529, L. 1975; amd. Sec. 12, Ch. 140, L. 1977; amd. Sec. 1, Ch. 554, L. 1977; R.C.M. 1947, 69-5003(part); amd. Sec. 14, Ch. 490, L. 1985; amd. Sec. 8, Ch. 592, L. 1985; amd. Sec. 32, Ch. 582, L. 1999; amd. Sec. 11, Ch. 280, L. 2001; amd. Sec. 14, Ch. 599, L. 2003; amd. Secs. 1, 2, Ch. 433, L. 2005; amd. Sec. 10, Ch. 344, L. 2017; amd. Sec. 1, Ch. 371, L. 2017; amd. Sec. 14, Ch. 80, L. 2019.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 4. State Regulation of Subdivisions
Part 1. Sanitation in Subdivisions
76-4-103. What constitutes subdivision
76-4-104. Rules for administration and enforcement
76-4-105. Subdivision fees -- subdivision program funding
76-4-106. Cooperation with other governmental agencies
76-4-107. Authority to inspect and monitor -- certification
76-4-110. Additional remedies available
76-4-111. Exemption for certain condominiums, townhomes, and townhouses
76-4-112. Easements and restrictive covenants
76-4-113. Notification to purchasers
76-4-114. Review of application
76-4-115. Contents of application -- supplemental information
76-4-117. through 76-4-120 reserved
76-4-121. Restrictions on subdivision activities
76-4-122. Certain filings prohibited
76-4-125. Land divisions excluded from review
76-4-129. Joint application form and concurrent review
76-4-130. Deviation from certificate of subdivision approval
76-4-131. Applicability of public water supply laws
76-4-132. Special revenue account -- deposit and use of fees
76-4-133. Installation inspection
76-4-134. Owner request for review
76-4-135. State regulations no more stringent than federal regulations or guidelines