City of Hamilton
SUBDIVISION EXEMPTION APPLICATION
223 S 2nd Street
Hamilton, MT 59840
Phone:
(406)363-2101
Instructions:
Please complete application, Items 1-7, for the following exemption requests:
1. Court-Ordered Division
2. Mortgage Security
3. Severed Interest
4. Cemetery Lot
5. Reservation of Life Estate
6. Agricultural Lease
7. Federal or Tribal Land
8. Right-of-way
9. Utility Site
10. Condominiums, Townhouses and Townhomes
11. State-owned Lands
12. Boundary Line Relocation
13. Family Transfer
14. Agricultural Covenant (including lifting of covenant)
15. Aggregation
You may contact the Subdivision Administrator to ask whether a division qualifies as an exemption from
subdivision review.
Please make sure the following are included.
□ Completed application
□ Fee $200 – may be paid via cash, check, or credit card
□ Submit attachments required in Item 7a-c
□ Applicable additional information
□ Sign application and affidavit
SUBDIVISION EXEMPTION APPLICATION
Page 2 of 6
1. Applicant Information ☐ $200 Fee paid
Landowner Name:
Street:
City/State/Zip:
Daytime Phone:
Email:
Consultant Name:
Street:
City/State/Zip:
Daytime Phone:
Email:
2. Additional Titleholder Information (for relocations of common boundaries, all owners must sign)
Full Name:
Signature:
Full Name:
Signature:
3. Property Information (For Each Affected Property)
1.) County Tax ID or Parcel Number:__________________________
Certificate of Survey Number: Tract/Parcel ____________________
Subdivision Name: Tract/Parcel __________________
Legal Description: Section Township Range _______
2.) County Tax ID or Parcel Number: __________________________
Certificate of Survey Number: Tract/Parcel ____________________
Subdivision Name: Tract/Parcel __________________
Legal Description: Section Township Range _______
Include additional properties if required
SUBDIVISION EXEMPTION APPLICATION
Page 3 of 6
4. Type of Exemption Requested (Please check all that apply)
☐ Relocation of Common Boundary ☐ Family Transfer
☐ Agricultural Covenant ☐ Mortgage Survey
☐ Utility Site ☐ Condominiums, Townhomes & Townhouses
☐
Other
5.
Prior
Use of
Subdivision Exemptions
(if none, leave blank; attach additional pages if nece
ssary
)
Tax ID/Parcel
number
or property information
Exemption
u
se
d
6. Conflict of Interest
Statement
Are there any financial, business, or personal relationships between the owner of
the
property, the selling agent, the purchasing agent, the brokerage firm, the developer or
builder,
consultants, and/or purchasers of the property and members of the City of Hamilton
Planning
Staff
and/or the City of Hamilton Council Members
?
☐
Yes
☐
No
If yes, please
explain:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
7.
Attachments
A. Provide an 11"x17” copy of the Certificate of Survey or plat (if a Certificate
of
Survey or plat is
not yet available, a drawing will suffice) that clearly shows the
existing
boundary of the subject
property and the proposed new
configuration. Please
represent
the existing boundary with a
dashed line and the new boundary with a solid
line
and label boundary lines as "existing" or
"proposed."
For Family Transfers,
please
identify which parcel(s) will be "gifted" and which
will be the
"remainder."
A plat
prepared
by a
surveyor
is not
required
to be
submitted
with this
application.
B. An 11”x 17”aerial photograph that clearly shows the subject property and surrounding
neighborhood.
C. A valid Subdivision Guarantee or Title Report. The
Subdivision
Guarantee or Title Report
document includes (but is not limited to) a current
legal
description of the property, current
vesting, all filed easements, recorded liens,
covenants,
deed restrictions, and zoning for the
properties
involved.
The title insurance companies operating within Ravalli County all offer Subdivision Guarantees
which include the information listed above. Please use the title insurance company of your choice.
SUBDIVISION EXEMPTION APPLICATION
Page 4 of 6
D. It is recommended that the applicant attach written responses regarding the
general
evasion
criteria and/or any specific rebuttable presumptions that apply to
this
exemption request. If
a written explanation is not provided, the
applicant
may be asked to respond to the criteria
and
rebuttable presumptions.
____________________________________________
Signature of Applicant
____________________________________________
Printed Name of Applicant
____________________________________________
Date Signed
Additional Information Required for Mortgage Release:
A. A statement of how many interests within the original tract will be created by use of
the
exemption.
B. A statement explaining who will have title to and possession of the balance of
the
original parcel after
title to the exempted interest is
conveyed.
C. A signed statement from a lending institution that the creation of the interest is
necessary
to secure a
loan.
Additional Information Required for Family
Transfer:
A. Please fill out the table
below.
Name of Family Member:
Relationship:
Name of Family Member:
Relationship:
Name of Family Member:
Relationship:
Name of Family Member:
Relationship:
B. The original landowner (grantor) must provide evidence of the familial relationship
with
the
grantee.
Additional Information Required for Condominiums, Townhomes and Townhouses
:
1. A preliminary declaration, setting forth as many of the particulars required by 70-23-301 as may
then be practicable, may be recorded before construction of the building described in the declaration
is completed. The preliminary declaration shall not relieve the owner from the necessity of filing the
declaration as required by 70-23-301. A copy of the declaration only must be filed with the City
Clerk and Planning Office at the time of recording.
2. Statement by engineer, architect, or surveyor certifying the plans are an accurate copy of the set filed
with and approved by the City officer that has the jurisdiction to issue building permits. MCA §
70-23-306.
3. Certificate of Subdivision Plat Approval from the Department of Environmental Quality or letter of
Certification of Non-Applicability.
SUBDIVISION EXEMPTION APPLICATION
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In addition to the above required items, the following will be required to file at Ravalli County Clerk &
Recorder’s office.
1. Declaration of Condominium Unit Ownership. MCA § 70-23-307.
2. Floor Plans. MCA § 70-23-306. Ravalli County prefers one blueprint and one mylar copy, but will
accept blueprint.
3. Bylaw of Condominium Unit Approval. MCA § 70-23-307.
4. Declaration from Department of Revenue that the name of the condominium unit is proper and that
all taxes and assessments due and payable have been paid. MCA § 70-23-304.
5. Covenants.
You may submit electronic copies of the signed and completed application, affidavit, and all
accompanying materials by email to:
Email: mrud@cityofhamilton.net
Within 10 days of electronic submission, hard copies of the signed and completed application,
affidavit, applicable fees and all accompanying materials must be submitted to:
City of Hamilton
223 S 2nd Street
Hamilton, MT 59840
Phone: (406) 363-2101
SUBDIVISION EXEMPTION APPLICATION
Page 6 of 6
AFFIDAVIT
I/We understand that this Affidavit seeks approval of the use of an exemption to subdivision review to
divide property. I/we are not using this subdivision exemption process in an attempt to evade the
subdivision review process and recognize that I/we may be subject to penalties if my/our actions are
deemed to be an effort to evade subdivision review, as set forth in Montana law.
I/We understand that approval of the use of the exemption does not mean the division is approved for
zoning compliance, building permit, floodplain, sewer system connection, health code compliance, or
compliance with other applicable regulations or availability of public services.
I/we understand that this exemption is being reviewed for adequate physical and legal access.
Under penalties of perjury, I/we declare that I/we have examined this form, including any accompanying
documents, and to the best of my/our knowledge and belief it is true, correct, complete, and in compliance
with all Montana State laws and City of Hamilton or Ravalli County ordinances or resolutions and the
transfer of property will occur as represented.
Applicant's Agent Applicant
License No., if applicable Applicant
Applicant
STATE OF MONTANA )
: ss.
County of Ravalli )
Applicant
On this _ day of
,
, before me the undersigned Notary Public, personally
appeared
(Applicants)
known to me to be the one whose name is subscribed to this instrument, and acknowledged to
me that they executed the same.
Notary Public for the State of
_;
Residing at
;
My Commission expires