HOUSE BILL NO. 720
INTRODUCED BY SINRUD
AN ACT REQUIRING LOCAL GOVERNMENTS TO REVIEW APPLICATIONS FOR DEVELOPMENT AND USE OF PROPERTY UNDER REGULATIONS IN EFFECT AT THE TIME THAT A COMPLETE SITE-SPECIFIC DEVELOPMENT PLAN IS SUBMITTED; AND PROVIDING EXCEPTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Legislative findings and purpose. (1) The legislature finds that:
(a) it is necessary and desirable as a matter of public policy to:
(i) provide for reasonable certainty, stability, and fairness in the land use planning and regulatory process;
(ii) stimulate economic growth;
(iii) secure the reasonable investment-backed expectations of a landowner; and
(iv) foster cooperation between the public and private sectors in land use planning and regulation;
(b) the ability of a landowner to be certain of the applicable regulations and review procedures upon submitting a complete application for local government approval of a site-specific development plan will preserve the prerogatives and authority of a local government with respect to land use matters;
(c) the establishment of regulatory certainty will promote the goals specified in this section in a manner consistent with Article II, sections 3, 17, and 29, of the Montana constitution that guarantees to each person the inalienable right to acquire, possess, and protect property and that recognizes the corresponding responsibilities and is a matter of statewide concern.
(2) It is the purpose of [sections 1 through 3] to:
(a) provide fair standards to protect the rights of a person who submits a development application to a local government while recognizing the public health, safety, and general welfare purposes of development review; and
(b) require a local government to comply with these standards.
Section 2. Definitions. As used in [sections 1 through 3], the following definitions apply:
(1) "Landowner" means an owner of a legal or equitable interest in real property. The term includes an heir, a successor, or an assignee of the ownership interest.
(2) "Local government" means the governing body of a county, a municipality, or a consolidated city-county that exercises planning or zoning authority. The term includes a board, commission, or agency of the local government that has review or approval authority of a site-specific development plan.
(3) "Property" means real property subject to land use regulation by a local government.
(4) (a) "Site-specific development plan" means a plan that has been submitted to a local government by a landowner or the landowner's representative and that describes, with reasonable certainty, the type, density, and intensity of use for a specific property. The plan may be in the form of but is not limited to an application or plan for:
(i) a site plan;
(ii) a conditional or special use approval; or
(iii) any other land use approval designation used by a local government.
(b) The term does not include a request for a variance.
Section 3. Local government regulations -- restrictions. (1) Unless a specific review process for an application is otherwise provided by law, the local government shall provide the applicant with a written receipt showing the date and time that the site-specific development plan was first submitted to the local government. The local government shall establish, by ordinance or resolution, a completeness review process, including time periods within which to determine whether the application contains all of the information required by the local government's ordinances, resolutions, or other regulations, and shall notify the applicant of the local government's determination as to whether or not the application is complete. If the applicant fails to submit the missing information within any applicable time period, the local government may deny approval of the site-specific development plan as an incomplete submission. A determination that a site-specific development plan is complete under this section does not limit the ability of the local government to request additional information during the review process.
(2) Except as provided under 76-2-206 or 76-2-306 or unless otherwise agreed to in writing by the applicant, the review and approval, approval with conditions, or denial of the site-specific development plan must be based solely upon the ordinances and regulations in effect at the time that the complete site-specific development plan was submitted to the local government entity that has jurisdiction over the application. Nothing in this subsection affects the ability of a local government to develop and impose conditions on a site-specific development plan as otherwise provided by law or by locally adopted ordinances or regulations.
Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 7, and the provisions of Title 7 apply to [sections 1 through 3].
- END -
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