(A) Review and approval procedures for major subdivisions. Subdivisions that qualify for major subdivision review are those divisions of land containing six or more lots. The pre-application process and initial review process set forth in § 154.04 apply to this section.
(B) Subdivision application and preliminary plat submittal.
(1) The subdivider shall submit to the Town Council or to the subdivision a subdivision application containing the materials identified in § 154.04 at the pre-application meeting.
(2) The requirement for preparing an environmental assessment does not apply, pursuant to MCA § 76-3-616, when:
(a) The proposed subdivision is totally within an area covered by a growth policy adopted pursuant to MCA §§ 76-1-601 through 76-1-606;
(b) The Town Council has adopted zoning regulations pursuant to MCA §§ 76-2-301 through 76-2-328 (municipal zoning); MCA §§ 76-2-201 through 76-2-240 (county zoning pursuant to a growth policy); and
(c) The Town Council has adopted a strategy for development, maintenance, and replacement of public infrastructure pursuant to MCA § 76-1-601(3)(e).
(3) The Planning Board may waive the requirement for preparing any portion of the environmental assessment when the proposed subdivision is in an area covered by a growth policy adopted pursuant to MCA §§ 76-1-601 through 76-1-606, and the proposed subdivision will be in compliance with the policy.
(4) When an exemption from preparing any portion of the environmental assessment is sought, the applicant shall meet with the Planning Board, explain why the exemption is appropriate, and if granted the Planning Board shall prepare and certify a written statement of the reasons for granting the exemption. A copy of this statement must accompany the preliminary plat of the subdivision when it is submitted for review and shall be filed with the final plat.
(C) Time period for approval, conditional approval, or denial. Within 60 working days, the Town Council shall approve, conditionally approve, or deny the proposed subdivision according to Section IV-A-8 of these regulations, unless the subdivider and the Subdivision Administrator agree to an extension or suspension of the review period, or a subsequent public hearing is held pursuant to Section IV-A-7 of these regulations. The review period of 60 working days begins the day after the Subdivision Administrator notifies the subdivider or the subdivider’s agent in writing that the subdivision application is sufficient for review.
(D) Public agency and utility review. Review and comment by public agencies or utilities may not delay the Town Council’s action on the subdivision application beyond the 60-working day review period. The Town Council will make these comments available to the subdivider and to the general public upon request. If, during the review of the application, the Subdivision Administrator or the Planning Board contacts a public utility, agency, or other entity that was not included on the list provided during the pre-application meeting, the Subdivision Administrator shall notify the subdivider of the contact and the timeframe for response.
(Prior Code, § 11-4-13)