There is established a City Planning Board to serve in an advisory capacity to the City Council in working to improve the present health, safety, convenience and welfare of the citizens of the City of Deer Lodge, Montana (the “city”), and to plan for the future development of the city while promoting the efficient and economical use of public funds.

(Prior Code, § 11.04.010) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Prior Code, § 11.04.020) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   (A)   The Board shall prepare a growth policy and shall service in an advisory capacity to the City Council.

   (B)   The City Council, once it has adopted a growth policy and subdivision regulations, shall seek the advice of the Board in all matters pertaining to the approval or disapproval of plats or subdivisions.

   (C)   The Board may propose to the City Council policies for:

      (1)   Subdivision plats;

      (2)   The development of public ways, public places, public structures, and public and private utilities;

      (3)   The issuance and improvement of location permits on platted and un-platted lands;

      (4)   The laying out and development of public ways and services to platted and un-platted lands;

      (5)   Long range plans;

      (6)   Floodplain and floodway area; and

      (7)   Review of conservation easements.

   (D)   The Board shall perform other planning related functions as requested by the City Council:

      (1)   Prescribe uniform rules pertaining to Board meetings and public meetings;

      (2)   Adopt by-laws which set forth the Board’s policies and procedures;

      (3)   Recommend an annual work program;

      (4)   Keep an accurate and complete record of all proceedings;

      (5)   Serve as Subdivision Administrator; and

      (6)   The Board may delegate to its staff its responsibilities to advise the City Council on any or all proposed minor subdivisions.

(Prior Code, § 11.04.030) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   (A)   The Board shall consist of not less than seven members appointed for two-year terms as follows.

      (1)   Position No. 1 - City Council member.

         (a)   One member to be appointed by the City Council from its membership, whose Board term shall be coextensive with the Council members term of office, unless;

         (b)   The City Council, on its first regular meeting of each year appoints another to serve as its representative or unless the Council member’s term on the Board is otherwise terminated.

         (c)   The City Council shall fill any vacancy occurring in its respective membership on the Board.

      (2)   Position No. 2 - City Council appointee.

         (a)   One member to be appointed by the City Council.

         (b)   May, in the discretion of the City Council, be an employee or hold public office in the city or the county.

      (3)   Position No 3 - county representative. One member to be appointed by the Mayor upon the designation by the County Commissioners, as follows.

         (a)   When a vacancy occurs in the county’s membership on the Board, the County Commissioners shall, within 45 days, designate a representative of the county to the Mayor for appointment to the Board. This representative may be a County Commissioner or an office holder or employee of the county.

         (b)   The Mayor may not reject or refuse to appoint to the Board a representative designated by the County Commissioners, but if the County Commissioners fail to designate a representative, then the Mayor may appoint as a representative of the county, a person of the Mayor’s own choosing and at the Mayor’s sole discretion.

      (4)   Positions No. 4, 5, 6 and 7 - citizen members.

         (a)   Four citizens to be appointed by the Mayor as follows:

            1.   Two of the citizen members shall be resident freeholders within the urban area, if any, outside of the city limits over which the Board has jurisdiction; and

            2.   Two of the citizen members shall be resident freeholders within the city limits.

         (b)   The citizen members shall:

            1.   Be qualified by knowledge and experienced in matters pertaining to the development of the city; and

            2.   Hold no other office in the city government.

         (c)   Citizen members may be removed by majority vote of the City Council.

   (B)   Certifying members.

      (1)   The City Clerk/Treasurer shall certify members appointed by the City Council.

      (2)   The City Council shall certify members appointed by the Mayor.

      (3)   The certificated shall become part of the records of the Board.

(Prior Code, § 11.04.040) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   (A)   The Board shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July and October.

   (B)   Special meetings of the Board may be called by the President or by two members upon written request to the executive secretary, who will inform the Board members of the special meeting.

   (C)   Quorum; official action:

      (1)   A majority of members shall constitute a quorum.

      (2)   No action of the Board is official unless authorized by a majority of members of the Board at a regular or properly called special meeting.

(Prior Code, § 11.04.050) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   At its first regular meeting in each year, the Board shall elect from its members a President and Vice-President. The Vice-President shall have authority to act as President of the Board during the absence or disability of the President.

(Prior Code, § 11.04.060) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   The city shall provide suitable offices for the holding of meetings and the preservation of plans, maps, documents and accounts.

(Prior Code, § 11.04.070) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   The Board shall have the power and duty to:

   (A)   Exercise general supervision of and make regulations for the administration of the affairs of the Board;

   (B)   Prescribe uniform rules pertaining to investigations and hearings;

   (C)   Keep an accurate and complete record of all departmental proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents of the Board;

   (E)   Make recommendations and an annual report to the City Council concerning the operation of the Board and the status of planning within its jurisdiction; and

   (F)   Prepare, publish and distribute reports, proposed ordinances and proposed resolutions, and other material relating to authorized activities.

(Prior Code, § 11.04.080) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   (A)   The City Council shall assign staff employed by it to assist the Board in conducting its duties.

   (B)   The Board may delegate to assigned staff the authority to perform ministerial acts in all cases except when final action of the Board is necessary.

   (C)   The City Council may make contracts for special or temporary services and any professional services.

(Prior Code, § 11.04.090) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   (A)   The members of the Board shall receive no salary for serving on the Board, but may be reimbursed from city funds for transportation and actual expenses up to but not exceeding state transportation reimbursements and allowable expenses incurred in attending Board meetings.

   (B)   When the Board determines that it is necessary for members or employees to attend a regional or national conference or interview in another city, county, or state dealing with planning or related problems, the Board may pay the actual expenses of the attending members or employees, providing the amount has been made available in the Board’s appropriation.

(Prior Code, § 11.04.100) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   The Board shall have the power and duty to:

   (A)   Supervise the fiscal affairs and responsibilities of the Board;

   (B)   Prepare and submit to the City Council an annual budget in the same manner as other departments of the city government, and shall be limited in all expenditures to the provisions made by the City Council; and

   (C)   The Board shall have authority to expend under regular city procedures as provided by law, all sums appropriated to it for purposes and activities authorized by this chapter.

(Prior Code, § 11.04.110) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   After the City Council has by ordinance created the Board, the City Council may appropriate funds to carry out the duties of the Board.

(Prior Code, § 11.04.120) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   The City Council may levy a tax upon the taxable value of all property located within the city for Planning Board purposes, as provided in state law.

(Prior Code, § 11.04.130) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   (A)   The Board has the power and the right to accept and administer gifts and donations consistent with state law.

   (B)   Any money so accepted shall be deposited with the city in a special non-reverting Planning Board fund to be available for expenditures by the Board for the purpose designated by the donor. The disbursing officer of the city shall draw warrants against such special non-reverting fund only upon vouchers signed by the President and Secretary of the Board.

(Prior Code, § 11.04.140) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   Upon approval of the City Council, the Board may accept and administer funds and services from the federal, state or local governments, or from civic sources.

(Prior Code, § 11.04.150) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   (A)   Once a growth policy has been adopted by the City Council, the City Council may assess planning fees to pay for services.

   (B)   Planning fees are in addition to other authorized fees and may be collected as part of either subdivision or zoning permits.

   (C)   Planning fees may not exceed those allowed by state statute.

(Prior Code, § 11.04.160) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)

   (A)   The Board will develop a growth policy for the city for approval by the City Council, consistent with state law as provided in MCA §§ 76-1-601 et seq.

   (B)   (1)   After adoption of a growth policy by the City Council, the Board will make recommendations to the City Council regarding requests for zoning, subdivisions, land use, permits and the like.

      (2)   Such recommendations will be consistent with the growth policy and with state law.

   (C)   After adoption of a growth policy by the City Council, the Board’s recommendations to the City Council shall consider that the City Council must be guided by and give consideration to the general policy and pattern of development set out in the growth policy in the:

      (1)   Authorization, construction, alteration or abandonment of public ways, public places, public structures or public utilities;

      (2)   Authorization, acceptance or construction of water mains, sewers, connections, facilities or utilities;

      (3)   Adoption of zoning ordinances or resolutions;

      (4)   The Board shall also consider in its recommendations to the City Council that a growth policy is not a regulatory document and does not confer any authority to regulate that is not otherwise specifically authorized by law; and

      (5)   The City Council may not withhold, deny or impose conditions on any land use approval or other authority to act based solely on compliance with the adopted growth policy.

(Prior Code, § 11.04.170) (Ord. 116, passed 10-9-2007; Ord. 2021-15, passed 12-20-2021)