7-2-4701. Short title

7-2-4701. Short title. This part shall be entitled “The Planned Community Development Act of 1973”. History: En. 11-514 by Sec. 1, Ch. 364, L. 1974; R.C.M. 1947, 11-514.

7-2-4702. Findings

7-2-4702. Findings. (1) It is declared as a matter of state policy that current annexation laws and planning methods incorporated in the Montana system are in many cases discriminatory and are in many of the Montana cities causing indiscriminate growth patterns and in many cases forcing citizens of municipalities to be annexed without provision for adequate […]

7-2-4703. Purpose

7-2-4703. Purpose. It is the purpose of this part to develop a just and equitable system of adding to and increasing city boundaries for the state of Montana, which will develop the following firm policies: (1) Sound urban development is essential to the continued economic development of this state, and any annexation prepared must be well planned […]

7-2-4704. Definitions

7-2-4704. Definitions. The following terms when used in this part have the following meanings except when the context clearly indicates a different meaning: (1) ”Contiguous” means any area that, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a […]

7-2-4705. Annexation by municipalities providing services

7-2-4705. Annexation by municipalities providing services. (1) The governing body of any municipality may extend the corporate limits of the municipality under the procedure set forth in this part upon the initiation of the procedure by the governing body itself. (2) Whenever the owners of real property situated outside the corporate boundaries of any municipality, but contiguous […]

7-2-4706. Appeal if municipal governing body fails to act on petition

7-2-4706. Appeal if municipal governing body fails to act on petition. If the municipal governing body fails to act within 60 days, the petitioners may appeal to the district court under the procedure set down in 7-2-4741 through 7-2-4746. History: En. 11-517 by Sec. 4, Ch. 364, L. 1974; R.C.M. 1947, 11-517(part).

7-2-4707. Resolution of intention to annex

7-2-4707. Resolution of intention to annex. The governing body of any municipality desiring to annex territory under the provisions of this part shall first pass a resolution stating the intent of the municipality to consider annexation. Such resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on […]

7-2-4708. Notice of hearing

7-2-4708. Notice of hearing. The notice of public hearing must: (1) be published as provided in 7-1-4127; (2) describe clearly the boundaries of the area under consideration; and (3) state that the report required in 7-2-4731 will be available in the office of the municipal official designated by the governing body at least 14 days prior to the date […]

7-2-4709. Hearing on question of annexation

7-2-4709. Hearing on question of annexation. (1) At the public hearing, a representative of the municipality as designated by the governing body shall first make an explanation of the report required in 7-2-4731. (2) Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of […]

7-2-4710. Protest

7-2-4710. Protest. (1) For a period of 45 days after the public hearing provided for in 7-2-4707 through 7-2-4709, the governing body of the municipality shall accept written comments approving or disapproving the proposed annexation from real property owners of the area proposed to be annexed. (2) If a majority of the real property owners disapprove of […]

7-2-4711. Ordinance of annexation

7-2-4711. Ordinance of annexation. The municipal governing body shall take into consideration facts presented at the public hearing and shall have authority to amend the report required by 7-2-4731 and to make changes in the plans for serving the area proposed to be annexed so long as such changes meet the requirements of 7-2-4731 through 7-2-4733. […]

7-2-4712. Contents of ordinance of annexation

7-2-4712. Contents of ordinance of annexation. (1) The ordinance shall: (a) contain specific findings showing that the area to be annexed meets the requirements of 7-2-4734 and 7-2-4735; (b) contain a statement of the intent of the municipality to provide services to the area being annexed as set forth in the report required by 7-2-4731; and (c) fix the […]

7-2-4713. Effective date of annexation

7-2-4713. Effective date of annexation. The effective date of annexation may be fixed for any date within 12 months from the date of passage of the ordinance. History: En. 11-520 by Sec. 7, Ch. 364, L. 1974; R.C.M. 1947, 11-520(part).

7-2-4714. Filing of annexation order

7-2-4714. Filing of annexation order. (1) The clerk or other officer performing the duties of the clerk of the governing body of a municipality shall promptly make and certify under the seal of the municipal corporation a copy of the record so entered upon the minutes, which document shall be filed with the clerk of the […]

7-2-4715. Simultaneous proceedings for several areas

7-2-4715. Simultaneous proceedings for several areas. If a municipality is considering the annexation of two or more areas which are all adjacent to the municipal boundary but are not adjacent to one another, it may undertake simultaneous proceedings under authority of this part for the annexation of such areas. History: En. 11-520 by Sec. 7, Ch. 364, […]

7-2-4716. Effect of annexation

7-2-4716. Effect of annexation. (1) From and after the effective date of the annexation ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances, and regulations in force in such municipality and shall be entitled to the same privileges and benefits as other parts of such municipality. (2) The newly annexed […]

7-2-4717. Certain expenditures authorized

7-2-4717. Certain expenditures authorized. (1) Municipalities initiating annexations under the provisions of this part are authorized to make expenditures for surveys required to describe the property under consideration or for any other purpose necessary to plan for the study or annexation of unincorporated territory adjacent to the municipality. (2) In addition, following final passage of the annexation […]

7-2-4718. Construction

7-2-4718. Construction. (1) The method of annexation authorized in this part is independent from other methods of annexation authorized by state law. (2) The governing body of the municipality to which territory is proposed to be annexed may in its discretion select one of the annexation procedures in parts 42 through 47 that is appropriate to the […]

7-2-4719. through 7-2-4730 reserved

7-2-4719 through 7-2-4730 reserved.

7-2-4731. Plans and report on extension of services required — consultation with county

7-2-4731. Plans and report on extension of services required — consultation with county. (1) A municipality exercising authority under this part shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the public hearing provided for in 7-2-4707 through 7-2-4709, prepare a report setting forth its plans […]