(1) An impact plan or a proposed amendment to an approved plan may be modified
during the review period, the negotiation period, or an extension of
either,
by mutual consent of the developer and the local government units affected by
the modification. Modifications must meet the following requirements:
(a) Modifications must be submitted in
writing to the board and to all local government units that are party to the
plan.
(b) The copy filed with the board must bear
the signatures of the authorized representatives of the developer and of the
governing body of each local government unit that is a party to the
modification.
(c) If there is a need to modify the format
of the plan and if the modification does not affect the substantive provisions
of the plan, the governing body of the county may act on behalf of all local
government units within the county when it concurs with the modification of
format.
(d) Any modification submitted less than 30
days prior to the end of the review period must carry with it a request from
the local governing body for an extension which allows 30-day review of
the modification.
(e) All modifications must be incorporated
into the plan before the board will approve it. The modified plan must comply
with the form and content requirements for an impact plan as provided by parts
3 and 4 of Title 90, chapter 6 of the Montana Code Annotated and by the
administrative rules adopted by the board. In the modified plan the table of
contents, summary, schedule of payment, and, if a part of the plan, the
developer's written guarantee, must accurately contain and reflect the
modifications. Obsolete material must be deleted from the plan through the use
of replacement pages that contain and reflect the modifications or, if the use
of replacement pages is not feasible, obsolete material must be deleted by
specific reference.
(f) The board may allow revisions to format
following the review or negotiation period, or an extension of either, to the
extent that such revisions are necessary to incorporate the modifications into
the plan in order to comply with ARM 8.104.203.